Tenants often have unique life circumstances that prevent them from moving out on time. In cases like this, you should communicate with your landlord as soon as possible. You have very few options available since you and your landlord agreed to a specific deadline on your lease agreement. This contract defines your relationship with your landlord, and breaking it can mean you are liable for the repercussions. You can work with your landlord to figure out a resolution if you are unable to vacate the premises on time. In this article, we will discuss the do I have to move out at the end of my lease?
You Can Sign a New Lease
If you decide you want to stay in your apartment, you can extend your lease another year. Your landlord may prefer this, as it saves them time and effort. They don’t have to pay real estate agents or tenant recruiting companies to find new tenants. Also, they don’t have to worry about background and credit checks. You might be doing your landlord a favor if you decide to stay rather than move out.
You can renegotiate your lease agreements, and you can use ezLandlordForms rental agreements for a new template. If your landlord failed to fix worn down or broken amenities, cracked windows, or other issues with your apartment, you can include this in your new leasing agreement. It is possible that your landlord may agree to renovating or solving other problems that had bothered you previously.
If you have a poor relationship with your landlord and they would prefer you move out, consider meeting with them to speak about your differences. You can assure them that you will resolve the previous issues you had that may have upset your landlord. They may change their mind.
When you haven’t properly informed your landlord of your intentions, they have the right to evict you. This can take weeks or months. Your landlord also cannot turn off the power, change the locks, harass you, or throw out your possessions.
Your landlord can label you as a trespasser because you failed to leave the premises on the agreed time on your rental contract. At this point, you no longer have permission to stay in your apartment. Every state is different; however, in Florida, your landlord can immediately file an eviction.
They do not need to provide a three, seven, or thirty-day notice. However, if you continue to pay rent and your landlord receives these payments, then they cannot evict you. If your landlord accepts your payments, they must provide notices as they normally would for their lawful tenants.
Otherwise, your landlord will perform a formal eviction. They will file the eviction with the local municipality. Then, they must meet with a judge at a hearing where the judge may rule for or against you. If your landlord didn’t accept any payments, then the judge will rule in their favor. Evictions take some time to process, and the paperwork and the scheduled hearing can require weeks or months before a decision is made.
If you don’t follow the judge’s ruling, a sheriff or constable can forcibly remove you. They can take you off the premises and place all of your furniture outside or in a storage center.
If your landlord decides not to get an attorney or go to court for an eviction, they may decide to treat you as a holdover tenant. This is a tenant who stays in their property after the lease has expired, but not unjustly. Holdover tenants continue to pay the landlord despite being past the move-out deadline.
This doesn’t mean that things can continue as normal because holdover tenants don’t have a written lease agreement. You may not receive the same service as before because your landlord is not required to uphold anything in your expired lease agreement.
When you are a holdover tenant, the landlord may offer you “cash for keys”. This is when you and your landlord agree to a new move-out date. Your landlord pays you an agreed-upon sum and takes the keys from you. They will negotiate the amount or take part in your security deposit.
You have to agree to move out all of your belongings off the premises and not return to the property again when you are no longer a holdover tenant. It is often discouraged to provide this alternative and often viewed as unjust.
Getting Ready for Your Apartment
When you are searching for a new home, learn about how lease agreements are made. You can research popular templates online to understand what to expect.