Before You Move Out - What You Should Know.

So You're Planning On Moving Out. Have You Considered the Following Issues Yet?


When you move out, help keep your city beautiful:

    1. Bag Your Trash - Use double bags to keep the critters out.

    2. Break Down Your Boxes - Boxes should be broken down to 3 by 2 ft sections and bundled or stuffed into a smaller box.

    3. Don't Block the Dumpsters - Don't place your car or your trash next to or in front of dumpsters.

    4. Salvage Your Sofa - Don't put large furniture in dumpsters. Find out if there are locations in your area that take donated furniture (sometimes called resale/donation centers), or schedule a special trash pickup.

Subletting

Many people try to sublet their units to help them avoid paying high rent for a unit they cannot occupy. Do not let desperation cause you to make bad choices. The problem with subletting arises when you fail to discuss and agree on what should happen if various problems occur. Many people sublet their places to friends or strangers and never realize that they are still liable and responsible for their rental unit and the damages that the person they subleased the unit to may cause.

Avoid Costly Mistakes:

  • Make sure all roommates are in agreement about who will be subletting and the terms of the sublease.

  • Notify your landlord of the sublease situation and seek his or her permission if necessary (check your lease to see if permission is required).

  • Obtain a sample sublease agreement form from your local Housing Office and have any subtenants agree to and sign the sublease.

  • Make sure everyone understands the terms of the sublease.

  • Have the subtenant fill out a new inventory checklist form.

  • Collect a security deposit (up to 1.5 times the monthly rent) from the subtenant to protect you from losses, damages, or their failure to pay rent.

  • Collect permanent contact information from all the subtenants in case of emergency, or if any of the subtenants decide to "skip town."

  • Transfer utilities to your subtenant.

  • Discuss move-out procedures and dates with your subtenants.

Your Rights

Generally, you have the right to sublet your dwelling - your landlord cannot "unreasonably" refuse you the right to sublet. If you find your landlord is being unreasonable, either refusing to let you sublet or or imposing unreasonable restrictions, see a tenants' advocate.

Landlords usually agree to sublets. But once you find someone and agree upon a price, you still have a good deal to do. There are many possibilities as to how to handle the responsibilities of the sublet period. Your landlord probably has a set procedure concerning subletting, having done it year after year. A cooperative landlord can make things easier for you, but landlords are unfortunately under no obligation to cooperate with you. Depending on your landlord, you may use either a substitute lease or a sublet lease.

  • Substitute Leases: Involves your landlord assigning all rights and responsibilities over to the new tenant, so that he or she is simply substituted in your place. An inspection of the apartment is made by your landlord and your security deposit, less damages, is returned. You will most likely have to pay the difference between the original rent and the new rent in a lump sum before the new tenant moves in. This type of lease is the easiest to use and better for the original tenant; unfortunately it is rarely used as it takes time and money to inspect the premises, and the landlord ususally prefers not to have two people liable for the rent under a sublet agreement.

  • Sublet Leases: Lease between the tenant and subtenant. The original tenant remains responsible for the entire monthly rent, and the subtenant is responsible to the original tenant for their agreed-upon share of the rent. In other words, you're still responsible for the rent, and this is why it's better to find someone who is reliable. Your landlord may be willing to act as your agent to inspect the apartment and collect the rent, but you are responsible for all other arrangements.

Security Deposits

It's imperative to collect a security deposit from the subtenant. Before you move out, it's best if your landlord will inspect the place with the subtenant present, and fill out an inventory checklist with you. At that time, your landlord can tell you items that you might be charged for and that will have to be corrected before you leave. If your landlord won't do this, use an inventory checklist anyway as a protection for both yourself and the subtenant. The security deposit cannot, by law, exceed a month and a half of the rent the subtenant pays. There are many ways to handle the security deposit. One suggestion is to have your landlord return your security deposit less damages and to collect one from the subtenant (see above). If, instead, you keep the security deposit, you must put it in a safe place, such as a savings account. Remember that it's not your money, it's the subtenants'. Again, be sure to inform your landlord of all agreements you make with your subtenant.

Before You Leave

When leaving, there are some important things to remember. Make sure that you cancel all utilities and phone responsibilities or have them put under the subtenant's name. Be sure to get permanent addresses for your subtenants, and leave your forwarding address with the subtenants and your landlord. Should there be any trouble, you'll want them to contact you, since by law, you are the responsible party, and you can be held responsible if you fail to respond to any claims. Also, contact the post office to have your mail forwarded, and clean your apartment reasonably well.

If you are presently withholding rent, you can sublet as described above, continuing to deposit the full amount of rent into an escrow account. Have the subtenant pay you directly.

If All Else Fails

If, in spite of all your efforts, you can't find a subtenant, you are faced with the prospect of paying all the rent for the remainder of your lease. Some tenants go ahead and pay the full amount. Others are simply forced to abandon their apartment. If this happens, the landlord can then sue for any rent due and extra expenses incurred, and deduct this from the security deposit. The landlord must still return any unused security deposit money, less damages, to you.

To learn more about housing rights in Michigan and where to get help:    

Consult the Michigantenants.org website for local housing resources and tenant counseling services. 

Consult the Michiganlegalaid.org website for legal education articles and local service information.

If you received court papers or otherwise need free or low cost legal advice:

This article appears courtesy of the Michigan Tenant Counseling Program.