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Joseph Hazen
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Month-to-Month termination process

Joseph Hazen
Posted Dec 2 2022, 09:03

Hello,

My tenants are on a month-to-month after the original one year lease expired, and recently texted me saying they wished to move out next month. Do I need a written request from them, or can they just leave without signing anything? The lease I have with them does not specify how to terminate a month-to-month agreement and I assume they can because the payment term has ended. I would like to just have them move out without having to sign anything else. Thanks,

Joe

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Bjorn Ahlblad
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Bjorn Ahlblad
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Replied Dec 2 2022, 09:59

If you normally communicate by txt then that may be adequate if it were to go to court. The notice protects you; I would ask that they send confirming email giving you notice of termination and a move out date. 

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Richard F.#1 Tenant Screening Contributor
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Richard F.#1 Tenant Screening Contributor
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Replied Dec 2 2022, 10:06

Aloha,

Normally yes, they need to submit their notice in writing, with the appropriate advance notice per local law and/or your rental agreement. You also should perform a move out inspection once they have removed all personal property, rubbish, and completed cleaning. We use a form at move in, that has a second column for move out, making it easy to compare conditions without argument from tenant. This requires signatures at move in and move out. If for any reason the tenant does not attend the move out inspection, that is boldly noted on their signature line. Of course this is also backed up by plenty of photos prior to move in.

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Colleen F.
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Colleen F.
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Replied Dec 2 2022, 11:02

@Joseph Hazen get something in writing and confirm the date and time they will be gone.  Write an acknowledgement, provide move out instructions, and any walk through information if they want one.  I say time too because I have had people say I will be out by the end of the day on the 31 and they don't mean business day. One tenant meant they would be gone at 3am on the 1st.   I usually wait until the next day but explain to those moving out it isn't fair to neighbors to be moving late.

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Nathan Gesner
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Nathan Gesner
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ModeratorReplied Dec 3 2022, 07:32
Quote from @Joseph Hazen:

You should have something in writing, but text or email is sufficient.

Be very clear! I recommend you write them back with specific move-out instructions. Example:

"Thank you for giving me notice of your intent to move out. Please read the following to ensure we are on the same page and the process goes smoothly.

I have you scheduled to move out no later than 11:59PM on [DATE]. You can coordinate a time for me to pick up the keys, or you can leave them on the kitchen counter and lock the door on your way out. I will inspect within [# of hours or days]. Per your lease and State law, I have XX days to handle any cleaning/repairs you may be responsible for. If there are any deductions to your deposit, I will give you an itemized list of charges and the refund of any remaining deposit. If cleaning and repairs cost more than your deposit, you will receive an invoice for the unpaid balance.

Please do not close your utility account until the day of move-out. The property should be returned in the same condition it was received. Everything cleaned, hard floors swept or mopped, carpets professionally cleaned, appliances cleaned inside and out, windows washed, sills / trim / baseboard / counters / other flat surfaces dusted, all light bulbs operational, etc. All personal items, trash, and debris removed from the property and garbage cans empty. Yard should be cleaned of all animal waste, toys, etc., mowed and edged. [Add whatever else you want here. I have a generic move-out instructions email that I share with every Tenant]

If you would like tips to maximize your return, or if you have general questions about the process, I'll be happy to speak with you and make it smooth."

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Eliott Elias#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
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Replied Dec 3 2022, 08:46

Refer to the lease, should state that there is 30 day notice to vacate