Give it thought and then give notice
Question: I’m thinking of giving notice and moving out of my place. Any suggestions on how to do this smoothly?
Answer: First, are you sure you want to move out? If you’re leaving because of a problem that can be fixed, you may want to reconsider -- especially if the rent or location is hard to match. Potentially curable problems would be noisy neighbors, a rent increase and simple things such as dripping faucets. Incurable problems would include an undesirable location, permanent sources of noise or a landlord unwilling or unable to fix problems.
If the problem is fixable, consider writing a straightforward letter to the landlord to try to iron it out.
Rent too high? Increases are not engraved in stone. If rents are lower or the same for comparable units, give a few local examples. Skip anecdotal evidence such as “the neighbor down the street said I’m paying too much.” Offer a specific suggestion for a solution to problems, such as “please ask the neighbor above me to stop playing music loudly after midnight” or “someone keeps taking my parking space on Friday nights.”
If you get no satisfaction, still consider this: Are you better off in or out of the place? If you’re not sure, start looking around and see whether a comparable unit is available that fits your lifestyle and budget. You may be surprised at the deal you have, especially with escalating rents and the limited rentals available in some areas.
In addition, factor in the costs of moving. It’s not just a matter of saying, “I’m out of here,” and packing up the van. Leaving means moving your life to a new location. Security deposits, utility transfer costs and the hassle of taking on a new address can drain your time and wallet.
OK, so you remain convinced that it’s time to go? A courtesy phone call as far in advance as possible to the landlord or manager is a good idea. Landlords appreciate the alert, which gives them extra lead time to arrange move-out details and fill the vacancy. It also should keep you on the good side of a possible reference source.
Be sure to check your current lease. Rental agreements often contain rules that must be observed if you want to see your security deposit again. Look for a section or paragraph covering “Required Notice.” The details can be tricky; including the time of the month that a move-out is acceptable, such as only the first day of the month or day of rental cycle. Giving notice without checking that section could result in extra rent charges.
If no date or specifics are in the lease, area law prevails. If you can’t find your agreement, request a copy from your landlord.
In addition to lease rules, giving written notice is required in California, usually 30 days in advance of departure. “A tenant who wants to end a periodic tenancy must give the landlord the same amount of written notice as there are days between rent payments,” according to the guide “California Tenants,” published by the California Department of Consumer Affairs. Its site, www.dca.ca.gov, provides more information. The agency can be reached by calling (800) 952-5210, and publications can be requested at (866) 320-8685.
What should a written notice include? Nothing fancy, just a legibly written notice addressed to the landlord and sent to the address where the rent is received. “Tenant’s 30-Day Notice to Vacate” is a typical subject line.
Include the date of the letter, move-out date, your name and the complete address of the rental unit you are vacating. The date and your signature should be at the bottom of the letter. Include a forwarding address for your deposit, or indicate when an address will be provided. Put the letter in the mail and be sure it has been received by giving the landlord a follow-up phone call.
Giving advance notice isn’t just a convenience, it’s a basic law everyone must observe. Keep in mind that unless another tenant is taking over and paying rent, you may be charged the full 30 days, even if you’ve moved on.
Reader comments may be sent to hmayspitz@aol.com.
