My Killer Lease is designed to be in force for the term originally stated (usually one year) then either be renewed with a new lease or terminated. As a fail-safe, if neither tenant nor landlord does anything about it prior to the termination date, the lease automatically converts to a month-to-month lease with all the same terms and conditions, except that each side has to give the other certain notice before they can terminate or change the terms. This is a MUCH safer position for YOU, as Georgia law prescribes mandatory notice periods in the ABSENCE of a lease which are 60 days for you but only 30 days for the tenant (go figure).
In a perfect world, you would be on top of things to the extent that you would KNOW IN ADVANCE when a lease was coming up for renewal, and sixty days ahead of time send the tenant a letter telling them that the lease was coming up for renewal, and that they had to make a decision NOW as to whether or not they wanted to stay or leave on the termination date. In that letter, you MUST advise them that the owner will NOT allow the lease to roll over to monthly, and that the lease will terminate on the termination date.
The reality is that life is what happens while we are busy making other plans, and in some cases you will forget to send that letter. At least with the KILLER LEASE, you are covered, but you still might end up with a vacancy on 60 days notice. So my advice is to ALWAYS have a full year lease in full force and effect if you can do so .
If the tenant advises you that they are moving out, send them this letter:
____________________, 20___ (Date)
We wish to confirm that you are moving out on ____________ no later than _____ am/pm..
We hope you have enjoyed living here.
Our goal is to return 100% of your security deposit. In order that we may return as much of your security deposit as possible, this move-out letter describes how your home should be left and what our procedures are for returning your security deposit.
We expect you to leave your home in the same condition it was when you moved in.
To refresh your memory on it’s condition when you moved in, I’ve attached a copy of the Move-In Checklist you signed at the beginning of your tenancy. We use this same form to inspect your home when you leave.
To help you here’s a list of items you should thoroughly clean before moving:
– Sweep wood floors
– Vacuum carpets and rugs (shampoo if necessary)
– Mop kitchen and bathroom floors
* Walls, baseboards, closets, ceilings and built-in shelves
* Kitchen cabinets, countertops and sink, range and oven–inside and out
* Refrigerator — clean inside and out, empty of food, then turn it off. Leave the door left open
* Bathtubs, showers, toilets, sinks and plumbing fixtures
* Doors, windows and window coverings
* Yard. Make sure grass is cut, bushes trimmed, and weeding done
If you have any questions as to the type of cleaning we expect, please contact your property manager at 404-555-1212.
Please don’t leave anything behind in the house or at the street: that includes piles of trash, bags of garbage, clothes, food, newspapers, furniture, appliances, dishes, plants, cleaning supplies or other items. You may need to call your local sanitation department to arrange a special pick-up of trash several days before your move-out.
If you still have ANY personal belongings in the house, on the premises, or in trash cans or bags or piled at the street, you will not be deemed to have moved out, even if you turn in your keys.
Don’t forget to
1. Disconnect phone and utility services
2. Cancel all newspaper subscriptions
3. Send the post office a change of address form
4. Notify your Property manager of your forwarding address
Once you have cleaned your unit and completely removed absolutely all your belongings, please call me at ____________________ to arrange for a walk-through inspection and to return all keys.
The day that you PERMANENTLY EXIT THE PROPERTY and return your keys is your move-out day. Your lease states that you must vacate before noon on the last day of your rental, so you must be prepared to turn in ALL your keys before noon. If noon passes and you have not turned in your keys, you will be responsible for paying an additional month’s rent. We are NOT able to pro-rate rent on a daily basis after your scheduled termination date.
Please be prepared to give me your forwarding address where we may mail your security deposit. Unless we have a correct forwarding address for you, we are required by law to mail your security deposit to your last known address.
As is required by Georgia law, we return all deposits by mail to the address you provide within thirty (30) days after you move out, which can only occur when you completely vacate the premises AND turn in ALL the keys to the property. If any deductions are made — for late fees, past due rent or because the unit is damaged or not sufficiently clean — they will be explained in writing.
If you have any questions, please contact me at _______________.
Then follow up and make sure they understand how you expect them to leave the premises. DO NOT allow them to use the security deposit as the last month’s rent. If they attempt to do that, my advice is to send an eviction notice “demand” letter on the day the rent becomes late, and get into court as soon as possible. You will likely get a judgement for everything you seek. Talk to your attorney.