Termination of your tenancy will be under one of eight conditions:

(1) Your lease has expired.

(2) You have subleased the unit.

(3) You and your landlord have agreed in writing to end the lease.

(4) The landlord has given you written notice to leave.

(5) You have been evicted.

(6) You have claimed constructive eviction.

(7) You have an oral lease and you or your landlord have given the one month’s written notice to end the tenancy.

(8) You just moved out.

If you make an agreement with the landlord to stay afler the lease ends, get it in writing! If a legal dispute develops, a court can only accept written evidence that you had permission to remain. If you fail to receive consent, you can be charged double rent as a holdover. (§441.080) And you become subject to an unlawful detainer suit (§534.030), or you can be treated as a trespasser.

SUBLEASING

You may have to move out before your lease ends. If you choose to sublease, you must get the landlords written approval. (§432.060, §441.030) You are essentially leasing your lease to another person who moves in and pays rent. You are still responsible to your landlord for the original lease. The landlord can hold you responsible for any problems with the new tenant. For more information see the section on subleasing or contact BeT.

EXPIRATION OF LEASE

All leases end on a specific day. On that day, you must move out unless you have renewed your lease or made some written agreement with your landlord.

Does your lease contain a renewal clause? Some leases are automatically renewed unless you notify your landlord that you will move out when the lease ends. If your lease has an expiration date and isn’t automatically renewable, you don’t have to notify the landlord that you will move out when the lease expiries. (RSM0, §441.070)

NOTICE TO VACATE

If you violate your lease, permit waste to the property, or fail to get landlord’s permission before assigning your lease or subleasing, the landlord can give you ten days written notice to vacate the premises. (§44 1.030- §441.040) If you haven’t moved out by then, the landlord can go through eviction proceedings. Don’t confuse a notice to vacate with an eviction.

EVICTION

If you violate your lease, your landlord may seek to have a court evict you. If you are legally evicted, you are liable for paying rent for the remainder of the lease. For eviction details, see Appendix B.

CONSTRUCTIVE EVICTION

By not making repairs or by continuously interfering with your privacy, your landlord may substantially interfere with your quiet enjoyment of your home. If the landlord is responsible for furnishing utilities and fails to provide them, it might be grounds for constructive eviction.

The landlord may not cut off your utilities or bar you from the premises without judicial process and court order. (§44 1.233) Neither may he/she or a tenant hamper your right of quiet enjoyment. If you and your neighbor have the same landlord and your neighbor continually disturbs your peace and quiet, it is the landlords duty to rectify the situation. Some courts have held that this is a valid basis for constructive eviction.

You should notify your landlord in writing as soon as you feel your quiet enjoyment has been curtailed and all other means of solving the problem have been exhausted. For your own protection,
consult an attorney or BCT before you take this action!

NOTICE TO END ORAL LEASE

If either you or your landlord want to end your oral lease agreement, one party must give the other one months required written notice. (§441.06O) If you are not out by the date set by you or your landlord, you can be considered a holdover. You can then be charged double rent (§44 1.100) and you can be subject to a trespass or unlawful detainer suit. Read the section on oral leases.

SNEAKING OUT

If you move out for no good reason or without making a written arrangement with your landlord, you are subject to suit. Your landlord may sue you for the rent you would have paid for the remainder of the lease, and for any costs he/she incurred in collecting the money (i.e. attorneys fees and court costs). This can be very expensive, and can damage future credit ratings. BCTA strongly discourages moving out unless you have made the proper arrangements with your landlord.

When you terminate your lease, get the terms of the deal in writing, including an arrangement for the return of your deposit.