How to terminate a lease?

Question

My husband has lived in this house for a long time, and I have for 3 years. We're (kind of) friends with the landlords. They're out of town as her grandmother just passed away, and they're having a lot of family drama. Lease says we have to terminate in writing 30 days prior (which is tomorrow). Questions are: How do you word the letter& does is have to be sent certified mail? What if they don't get it 30 days before since they're out of town? And should I call them and tell them what's going on since they won't know until they eventually come back or should I avoid calling them right now because of the drama going on with them? Since they have our security deposit (xferred from last landlord), do we have to pay the last month's rent? I know she's going to be really upset and he's going to be extremely angry. Just trying to deal with it the right way. Sorry for all the questions. Thanks for the help, though!

Answer 1

I would hand deliver it to the address of notification on the lease. Several courts in the US have said that even if the landlord does not open the letter on day 30, so long as it is delivered, you are OK. If you know they are out of town, common courtesy would be to call them.

Oh and in most states, you cannot use a deposit as last month's rent. You need to pay your last month seperately.

Answer 2

1st Security deposit is NOT last months rent - so yes you have to pay that.

Send them a letter simply stating that this is your 30 day notice to terminate your rental agreement.  Don't worry about proving that you sent it at the 30 days - it will be post marked at that day.  

I would call them as well and just say that your giving your 30 day notice and you are sending the required written notice but you wanted them to know since they are out of town.

You are doing things the right way and they have no right to be mad.

Answer 3

Wanna cover your bases?  Send it first class and send it certified return signature.  Since you want to be polite, you should definitely call them as well.  Do your best to smooth things out with them as they'll probably get a call from your next landlord asking for a reference.  There's nothing special about the letter - just make sure it says when you're going to be out.

Does your lease specify that your security deposit is for pre-paid rent (i.e. last month's rent deposit) as opposed to a damage deposit?  If so, instruct them in the letter that August's rent should be deducted from the security deposit.  If not, you probably won't get that back until after you move out.  Good luck!

Answer 4

The drama is of no consequence and doesn't enter into the situation at all. This is a straight business deal. The deposit does NOT cover the last months rent, it is for damages only.

Merely, put a note (keep a copy) in with the rent check and tell them: "Though it has been a delight to be your tenant these past years our circumstances have changed to the point that we must move out of your house on the completion of the lease on August 31. On that day we will surrender the keys and be available to do a final walk-through inspection of the house. You can return the security deposit to us at x*x Main St, blah, blah, blah. If you have any questions we can be reached at x*x-x*x-XXXX."

A simple courtesy phone call would be nice, as well, to confirm you have given written notice. After all your stuff is out on the 30 take lots of close-up photos (aren't digital cams wonderful?) showing the condition of the place.

The landlords have 30 days only (drama does not allow extention of this limit) to return you a full accounting of the deposit.

Answer 5

If you are friends with them I would call them and let know.  All you have to do is provide them 30 days written notice in writing.  Fax may be better because if anything issues were to arise you have proof you sent it 30 days.

If you truly are friends I would assist them in finding new tenants.  If you are just acquaintances that get along I wouldn't worry about it.

You still have to pay your last months rent.  The deposit will not be returned until you move out and the landlord can inspect the rental to access if any damages have occurred.

Answer 6

Of course you have to pay the last months rent, unless it was paid in advance.   The security deposit is not related to rent.

You need to send the letter by personal carrier, as they have to receive it 30 days prior, not you mail it then.     It is usually given with the rent check, just a signed note (you both need to sign it) that you are submitting your notice to move out an such ans such date.

The decent thing to do would be to call and let them know you submitted it.    You want to keep things nice as you will have to use these people as a referance in the future.

Answer 7

Just basic wording that you want to terminate the lease and you are giving the 30 day notice required by the lease.  

It doesn't have to be sent certified, but it provides you records in case of a dispute. You could also call them (since you are friends) to give them a heads-up and let them know you are mailing the notice. As long as it is mailed by 30 days, it is good.

The security deposit is used to cover costs of any damage, etc. Mosty landlords will not allow the security deposit to be used for the final month rent. You should still send in your rent payment for the last month.

Answer 8

The law says you are legally obligated to give 30 days' notice.  I would strongly suggest sending the letter return receipt requested so you have proof of delivery, but that's not mandatory.  You aren't in charge of when the landlord picks up his mail, so that's not an issue.  If you send it so it would arrive in his mailbox with 30 days to spare you're within the law.

As for calling him in the present circumstance, it's not required to so why add to his grief and yours?  You are legally obligated to pay the last month's rent, as the security deposit cannot be used for that under the law.  (I know it happens all the time, but it shouldn't.)  

Be sure to know and understand the landlord/tenant laws in your state as they apply to the return of security deposit and your other rights and responsibilities when moving out.