Landlords and tenants have similar rules regarding termination of month-to-month rental agreements in most states. Generally, a specific amount of advance notice must be given in writing by either party before a month-to-month rental agreement legally can be terminated. Notable exceptions for the landlord might include a tenant's failure to pay rent, material damage to property and criminal activity on the premises. Check your local and state statutes to find out how these laws differ in your jurisdiction.
Give advance written notice to the landlord or tenant as prescribed by state and local statutes. In most cases, the legal requirement is 30 or 60 days.
Arrange to complete any final walkthrough specified by the rental agreement. This is where a landlord walks through the rental property with the tenant to see if any issues exist that the tenant must address before leaving. The landlord must then give written notice to the tenant stating what repairs (if any) must be made before that tenant's security deposit can be refunded. The landlord must give the tenant a reasonable amount of time in which to complete these repairs, and the tenant must agree that the requested repairs are fair. Some states have rules specifying that normal wear and tear on things such as carpets and fixtures cannot legally be deducted from security deposits. Check your local and state statutes to see if this applies in your area.
Make sure all rent owed is paid in full, and all keys to the premises returned to the landlord. If a tenant and landlord have agreed that the tenant can move in the middle of the rental period, rent for the full month is usually still due unless another agreement has been reached between the landlord and the tenant.
- A tenant's right to terminate the lease agreement with less than the usual period of advance written notice might come into play in certain situations. If your landlord significantly changes the conditions of the lease agreement without the proper amount of notice as required by law in your area, you might have grounds to leave. An example of this would be raising your rent without proper written notice (usually the same amount of advance notice required to terminate a month-to-month agreement). Check your local and state statutes to see what applies in your area.
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