There are numerous reasons to leave a property earlier than expected. However, regardless of the reasons, the tenant and landlord should agree on termination provisions.
1. A vast majority of leases require both parties to the lease to place their agreements in writing and have it signed by both parties. Otherwise, the parties may be subject to damages.
2. Even if the termination is based on constructive eviction, the tenant should consult an attorney. Leaving early is risky. The property has to be objectively uninhabitable, and you take the risk of having a court determine the place was not in fact uninhabitable. An experienced tenant lawyer should be able to walk you through the thought process so you can make an educated decision.
3. If you claim the rental property is uninhabitable because of mold, hire a mold testing service who will complete a report and testify at trial, if necessary. Taking pictures of a black substance is usually not enough to prove mold. If you are claiming health issues caused by mold, you will need to take that mold report to the doctor to confirm that mold caused your health problems. It will also be necessary for your doctor to provide a report that complies with the evidence rules.
4. If there is an early termination provision in the lease, make sure you comply with that provision to the letter. This requirement includes providing notice to the landlord in accordance with the lease. 99% of the time, oral notice and texts are deemed insufficient notice.
5. If you have given proper notice for a date certain, you should coordinate an inspection and take pictures and videos of the rental property (inside and out). The landlord has the right to refuse this request, but that does not waive your right to inform them that you have vacated, the keys and other items are where the parties agreed, in the drop box, or on the kitchen counter. Just because your move out date is September 30th, doesn't mean the landlord can rely on that date. You, as the tenant, have to tell them after you moved out that you have vacated. This is so because some tenants say they will move on September 30th, but stay anyway. You don't want to be charged for an extra month because you failed to notify the landlord that you have turned over possession.
If you have further questions, contact The McGill Law at (770)367-1234 or demandingjustice@gmail.com.
