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>Renting
Laws >Ending Tenancy
ENDING
TENANCY
If you want to end your
tenancy, but you have not yet reached the end date on your lease, look
over BOTH Ending The Lease EARLY
and Subleasing. For
eviction information, see Eviction.
What
Happens When a Lease Ends?:
Ending
The Lease EARLY
If
you want to RENEW your lease
If
you have a lease with a starting and ending date of tenancy
If
you live with a month-to-month tenancy
If
you live with a week-to-week tenancy
Whenever
possible, try to negotiate a lease term with your landlord that
corresponds to the length of time you actually plan to live in the
apartment BEFORE SIGNING THE LEASE. Despite your good intentions to
fulfill the terms of your lease, you may wish to move before the end
of your lease period.
-
Your
landlord does not necessarily have to hold you to the full term of
the lease. If you can get your landlord's consent, and BOTH of you
agree to end the lease early, then the landlord can release you
from your lease.
-
If
your landlord releases you from your lease, then the landlord
removes your name from the lease or voids your lease entirely.
This ends your liability for future rent or damages, and the
landlord must return your Security
Deposit to you. Landlords are under no obligation to release
you from your lease, but some are willing to do this. Negotiate
with your landlord to try to get him/her to release you.
-
Try
to help your landlord by finding a replacement tenant who is
acceptable to your landlord. Ask the landlord if you can be
released from your lease and if the new tenant can sign a new
lease.
-
Be
sure that any agreements are IN WRITING, SIGNED and DATED for
your own protection.
-
If
you are unable to come to an agreement with your landlord and you
still have to move out, you can try Subleasing.
- Remember,
your Lease is a LEGALLY BINDING
AGREEMENT. If you break the lease in the middle of the term,
you may be legally responsible for ALL of the remaining
rental payments. If you do not pay these, your landlord might sue you.
- You can end
your lease EARLY if the LANDLORD has not complied with your
lease and/or the Landlord Tenant Act (see Want To End Your
Lease Early?).
- Your
landlord is also allowed to force your lease to end EARLY if YOU have not paid rent on time, or if you
have not complied with your lease and/or the Landlord Tenant Act
(see Tenant Noncompliance).

If
you want to RENEW your lease:
Usually
your landlord will ask you ahead of time if you want to renew your
lease. If not, at least one month prior to the end date, you should
contact your landlord and discuss renewing the lease with him/her.
-
If
you tell your landlord you want to renew, then your landlord will
expect you to sign a new lease.
-
Make
sure you check over the new lease (see Reading
Your Lease) in case there are unexpected changes.
-
The
landlord may not want you to sign a new lease immediately. Ask
him/her to write a note stating that your tenancy is to continue
or send him/her a letter immediately, stating the terms of the
oral agreement. The landlord is under no legal obligation to renew
your lease. If you have a written agreement you will be legally
secure to renew the lease.
-
If
you tell your landlord you don’t want to renew, then the
landlord will probably begin showing your apartment to new
prospective tenants as soon as possible.
-
If
you change your mind later, the landlord is under no obligation to let you renew the lease.

If
you have a lease with a starting and ending date of tenancy:
-
Your
tenancy will end (or be terminated) automatically on the end date
that is specified on your lease.
-
Your
lease can end BEFORE the end of the lease term if BOTH you and
your landlord agree to terminate the lease early, or if one of you
has violated the Landlord Tenant Act (see Ending
The Lease Early).

If
you live with a month-to-month tenancy
then you can end your tenancy by sending your landlord a WRITTEN
NOTICE 30 days before you are planning on moving out. State your
intentions to end the tenancy in 30 days, SIGN and DATE the notice.
Once 30 days have passed AFTER the landlord has received the notice,
the tenancy is officially over.
If
you live with a week-to-week tenancy
then you can end your tenancy by sending your landlord a WRITTEN
NOTICE 7 days before you are planning on moving out. State your
intentions to end the tenancy in 7 days, SIGN and DATE the notice.
Once 7 days have passed AFTER the landlord has received the notice,
the tenancy is officially over.
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