Moving Out

Moving Out: Ending Your Tenancy

If you are a month-to-month tenant and you want to move out, you must give your landlord written notice of your intention to move at least 20 days before the end of the rental period (or 21 days before the rent is due). You can give the notice to your landlord or send it through the mail. Allow sufficient time for delivery by mail. The 20 days begin the day after the notice is delivered. Be sure to keep a copy for your personal records. See a sample notice to vacate.

If you have a lease (you're renting the place for a specific period of time), your tenancy ordinarily ends when the period is over. You can usually move out without giving notice when the lease expires, but you should check your lease just to make sure. Talk to your landlord to negotiate a new agreement, be it a lease or month-to-month.

Be sure to leave a forwarding address with your landlord and the post office and to have all your utilities turned off. Also, make sure that you know just how clean your landlord expects the apartment to be when you move out.

If you break your lease or move out without giving proper notice, you could be responsible for additional rent. Although it is your landlord's responsibility to try to find another tenant as soon as you move out, it is to your advantage to refer potential renters to your landlord.

If you are a month-to-month tenant and fail to give proper notice, you will be liable for rent for 30 days after your landlord learns of your vacating. If he/she finds another tenant before the 30 days are up, the landlord can't charge "double rent", and you will only be liable for rent during the time the unit was vacant.

If you are breaking a lease by moving out, you can be responsible for (1) more rent- the rest of the term or the length of time the place stays vacant, or the difference between your rent and the lower rent if the landlord can only find renters at a lower price and (2) any costs to your landlord as a result of finding a new tenant. If your landlord sues you for breaking your lease, you could also be responsible for court costs and reasonable attorney's fees.

Subleasing

Do you have a lease that you want to get out of because you're moving to Hawaii, at odds with your landlord, or just found the ideal cheap apartment with a view? Are you doing an internship for the quarter in Olympia or have the urge to take to the road just for the summer and you wish someone else would pay the rent while you're gone? If so, you might be interested in subletting your place.

Before you sublease, dig out your own lease agreement. Your lease probably says that you need to get written permission from your landlord before subleasing. Here are some things to know if you are thinking about subleasing your place.

Term: You may be able to rent your place to someone else for all or part of your lease term.

Rent: You may charge more or less rent than you pay, BUT rent is still your responsibility as indicated in your lease with the landlord.

Repairs: You are responsible for making repairs or getting your landlord to make them. You might want to secure a damage deposit from your subletter. You must follow all legal provisions regarding deposits which apply to landlords.

Written Sublease: The sublease should be in writing, and both you and your tenant should sign and date the agreement. Click here for a sample of a Sublease Agreement, provided by Seattle Tenants Union.

Evictions

The only legal way a landlord can evict you once you have moved in is through a lawsuit brought before a judge. Your landlord cannot legally attempt to evict you by taking your property, locking you out, or shutting off utilities. Contact the Community Service Officers of the City of Seattle Police Department at 684-4790 or the Attorney General's Landlord / Tenant Information Hotline at 1-800-551-4636 for more information about filing a complaint.

Your landlord must file an unlawful detainer lawsuit in order to have you evicted by the sheriff. The unlawful detainer action is a relatively quick procedure employed by landlords to evict tenants. Regular lawsuits can take months to get to trial, but unlawful detainer actions are usually tried within 30 days after they are filed.

Before beginning an unlawful detainer action, your landlord must provide proper written notice indicating what date your termination is effective, as well as the reason why your tenancy is being terminated. The City of Seattle has a Just Cause Eviction Ordinance which limits the reasons a tenancy may be terminated. The reason must be stated in a written eviction notice.

The "Just Causes Evictions" are limited to:

The tenant fails to pay rent within 3 days of a notice to pay rent or vacate.
The owner has notified the tenant in writing of overdue rent at least 4 times in a 12 month period.
The tenant does not comply with a material term of a lease or rental agreement within 10 days of receiving a notice to comply or vacate.
The tenant does not comply with a material obligation under the state Landlord / Tenant Act within 10 days of a notice in a 12 month period.
The owner has given at least 3 10-day notices in a 12 month period.
The tenant causes waste or nuisance or maintains an unlawful business and does not vacate the premises within 3 days of notice.
The tenant engages in criminal activity, which substantially affects the health and safety of others in the building or on the premises adjacent thereto.
The owner does not wish to share the owner's own housing unit with the tenant or wishes to discontinue the tenancy of tenant residing in an authorized accessory dwelling unit.
The tenant's occupancy is conditioned upon employment on the property and that employment is terminated.
The owner wants to substantially rehabilitate the unit and has acquired a tenant relocation license and necessary permits.
The owner converts the unit to a condominium.
The owner wants to demolish the unit and has acquired a tenant relocations license and necessary permits.
The owner wants to sell the unit, and it is a single-family residence.
The owner needs to discontinue the use of an illegal unit pursuant to a notice of violation.
The owner needs to reduce the number of tenants to come in to compliance with the land use code.
An emergency order to vacate the unit has been issued and the tenant fails to vacate by the specified time.
The owner seeks to discontinue the use of an accessory dwelling unit pursuant to a notice of violation of development standards.

Thus, in the city limits, even under a month-to=-month tenancy, the landlord cannot legally force you to move unless one of the above-listed situations exist.

An eviction notice must be given to you personally if you are home. If you aren't home, a copy of the notice must be given to an adult at your place, and a second copy must be mailed to you. If no one is home, one copy of the eviction notice must be conspicuously posted on the property and a second copy mailed to you.

Types of Evictions notice periods:

For Not Paying Rent: 3-day notice to pay rent to move out.
For not compying with the terms of the rental agreement: 10-day notice to comply with the terms of the rental agreement or move out.
For creating a nuisance: 3-day notice to move out. There is no option to correct the problem.
For no cause: 20-day notice to terminate your tenancy (valid only with "Month-to-Month" agreements). This option is not available in the City of Seattle. This type of eviction cannot be discriminatory or retaliatory in nature.
Converting to a condominium: 90-day notice to move out.

Court

Are you moving out of your place and your landlord refuses to return a deposit to which you feel you are entitled? Did your landlord cause you damages due to failure to make repairs? If the amount of money involved is less than $2,500, you may want to file a suit in Small Claims Court. The filing fee is $10.00, which you can recover if you win the suit. You must file in the district where the person you are suing resides. You will have to provide the defendant's (landlord's) name, address, and the amount that is sought. The defendant must be notified of the court date. This can be done by registered or certified mail or by a sheriff or process server for a small charge, which can be recovered in the suit if you win.

Small Claims Court is very useful because it affords quick access to the courts at a low cost. But it is not a perfect remedy. Because Small Claims Court is informal, it is important that you be able to tell your side of the story simply and quickly. Some landlords have been known to confuse the issues by making irrelevant statements and/or by asserting a counterclaim against you. If things become too confusing, the judge may dismiss your claim or give a decision on only some of the issues involved.

Secondly, even if you win, you may still have a hard time collecting. According to the King County Disrict Court, if the landlord won't pay voluntarily:

"A money judgment in your favor does not necessarily mean that the money will be paid. Thr Smaill Claims Court does not collect the judgment for you. If no appeal is taken and the judgment is not paid within 30 days, or the time set by the court in the payment plan, you may request (in writing) that the judgment be transferred into the civil docket of the court. At that time you may proceed with a method of collection such as garnishment of wages, bank accounts and other monies of the defendant or an execution may be issued on cars, boats or other personal property of the judgment debtor. Remember, the clerks cannot give you legal advice. You may need the assistance of an attorney or collection agency at this point. In the alternative, upon payment of $6.00, you will receive a transcript of judgment which you can file in the Superior Court for a fee of $15.00. Other fees may be required by the Superior Court Clerk or County Auditor. When this is done, it places a lien against all real estate in the name of the judgment debtor that is located in the county."

Finally, if you do succeed in getting a judgment but cannot collect, then UW student Legal Services can help with garnishment or other collection procedures in order to force the landlord to pay. Remember to call ahead and make an appointment at 206-543-6486.