Last revision: September 2022
We are sad to see that you are leaving us early, but glad you have taken the time to communicate your plans with us. COMMUNICATION through this entire process is key for all parties. We understand things happen, and we are here to help you through this process & stay compliant with your lease obligations. Below are some frequently asked questions/ procedures.
PLEASE NOTE: All agreements that affect your lease are subject to owner approval. Any conversation in person, on the phone, etc does not trump your lease under any circumstances. Make sure if any agreement is made other than what is spelled out in your lease or below in the FAQS to have the agreement in writing by all parties. Miscommunications and misunderstandings can easily happen on all parties during a verbal discussion.
EARLY MOVE OUT FAQS
- I am thinking about moving out or I have moved out early, what should I do?
Please contact Ashley Property Services as soon as you find out you are moving out early. The best thing to do is to remove all of your belongings & to leave the unit very clean. Also coordinate a time to return keys. After the keys are turned back into the office, and the unit is in acceptable condition to show, our office will start to market the unit FOR RENT again. When your unit gets rented to new occupant, your lease is void and you no longer need to pay for rent. LEAVING YOUR UNIT VERY CLEAN IS A HUGE HELP in trying to remarket. Otherwise we have to coordinate the cleaning, which you will get charged for and that is more days that the unit is not available to re-rent. You may be eligible for early termination as well. See “Early Termination” section or contact our office to start this process.
- I moved out before my lease expired, do I still owe rent?
Yes. Even if you no longer occupy the unit, your lease is still valid through your expiration date. This means you are still liable for rent, and lawn care & utilities if applicable. If you have turned in keys, we will process the unit & attempt to re-rent it. If we are successful in re-renting it, only then are you released from your lease. If you move out a few months before your lease expires, an early termination may be a good option for you. See the “Early Termination” section or contact our office to start this process.
- I moved out early, do I need to keep my utilities on?
Yes. You still need to keep your utilities on until your lease is no longer valid. It is important to note that lawncare is a similar type of expense that the tenant is responsible for. See your lease documents for related information as to what you are responsible for. It is extremely important to keep heat on in the house after you move out. Any frozen pipes due to lack of heat in the house during the lease, is the tenants responsibility in most cases.
- What happens if I do not pay my rent due, after I move out?
If you do not pay rent and other expenses spelled out in your lease, legal action may be taken against you for the amounts owed to the property owner. Not paying rent on time is considered a breach of your contract. If you need a landlord verification, we will provide the new landlord with the information that you did not uphold your lease & did not pay your full amount due. This also may affect your ability to rent from Ashley Property Services in the future.
- If Ashley Property Services re-rents my unit & I paid my rent already, how does that work?
Your lease is terminated as soon as we re-rent it. We will reach out & let you know what date your lease has ended. If you had paid a full month’s rent, you are eligible to get a refund of prorated rent for the date to which it was re-rented. If you do not pay, you are in violation of your lease. Owners may enforce your lease in a court setting.
Prorated Rent Example: Tenant Pays June Rent, & APS re-rents it to new tenant June 15. Original tenant will see a refund of half of June’s rent if it was paid in full.
- Will Ashley Property Services be upset that I am moving early?
Not at all. We understand that things happen. Communication is the best thing we can stress during this time. We can help you stay in compliance with your lease & make the move out process simple. Just a reminder that you did sign a legally binding contract when you signed your lease that holds you accountable for those terms through the period. We cannot help you if we do not know what is going on.
- What happens to my security deposit when I move out early?
Your security deposit will be held until all lease obligations are fulfilled. According to the Landlord Tenant Act, the security deposit cannot be used for rent. At the end of the lease term, the security deposit will be used & returned as described in the Landlord Tenant Act.
- Is sub-leasing allowed?
In most leases, subleasing is not allowed. If you have someone that is interested in your unit, please send them to our office so we can process their application. They must be approved by our office, and they will sign an entire new lease.
Buy Out or EARLY TERMINATION FAQS
- What is an early termination?
Simply put, an early termination is when the owner & tenant agree to end the lease early under mutual agreement. This will relinquish the future responsibilities of the tenant & owner. This also allows the tenant to leave the lease on good standings. There is usually a fee associated with early termination of 1.5 times regular rent. This process is also considered a “lease buyout” option.
- What do I need to do to be eligible for early termination?
All agreements made are subject to property owner approval. The tenants need to be in good standing with the lease and have all previous rent paid up. The property must be in good, acceptable condition. Then please let the office know that you would like to start the early termination process. There is a 30-day notice that needs to be given, the early termination agreement needs to be signed by all tenants, and the termination fee needs to be paid.
- What is an example of an early termination?
EXAMPLE: A tenant pays $500 rent and their lease doesn’t expire until May 31. On January 1, tenants give notice that they would like to sign an early termination agreement. At time of notice, the termination fee of $750 will be due January 1 in order for the office to execute lease buyout option Tenant will pay January rent of $500 like normal. Tenants will have access to rental through the end of January. On February 1st, the tenant will no longer be in a lease & no rent will be due.
- I want to do a lease buyout, do I need to keep my utilities on?
Yes. You still need to keep your utilities on until your lease agreement is no longer valid. This would be the early termination date. It is important to note that lawncare is a similar type of expense that the tenant is responsible for. See your lease documents for related information as to what you are responsible for. It is extremely important to keep heat on in the house after you move out. Any frozen pipes due to lack of heat in the house during the lease, is the tenants responsibility in most cases.
- I only have a few more months before my lease is up, should I terminate early?
In most cases an early termination is used when the tenant is moving out with more than a couple months left in their lease. If you have a month or two left, an early termination fee may not be feasible due to the cost associated with it more than rent that is due.
- I have been moved out for a while, can my early termination process start from the day I moved out?
No. The early termination starts with a 30 day notice that you would like to execute the early termination agreement. The point of the early termination is to give us & the owner plenty of notice that the unit will be vacant & that lease is ending. The early termination only begins after you sign the agreement & pay the fees associated with it. You have to decide if you want to take the chance that we will re-rent soon or pay the early termination fee, you cannot have it both ways.
- How do I decide if I should take the chance to re-rent or to execute the early termination?
There are a lot of variables that go into this. Your unit type, time of year, etc all go into the demand that is available for your unit. The office can usually give you some insight into this, but it is in no way guarantee or promise that it will be re-rented in a certain time frame. Also, some like the idea of executing the early termination to know they have a definite time frame & have some certainty about the situation. Others are willing to take the “gamble” that we will get it re-rent sooner than 6 weeks.
- What happens to my security deposit when I terminate my agreement early?
Tenants are eligible for the security deposit to be returned when an early termination agreement is signed. Security deposit will not be applied to the termination fee or any portion of rent. Security deposit may still be returned if balance remains according to the Oklahoma Landlord tenant act. By completing the lease buyout option, tenants will be released for the remainder of the lease obligations. Any damages or outstanding balances that occurred during the lease term, will be taken out of the security deposit.
ROOMMATE QUESTIONS:
- I want to move out early, but my roommate(s) intend to stay, or vice versa, how does that work?
For the above situations to happen, all members of the lease have to agree. One roommate cannot execute an early termination. The lease was signed together, & it all needs to end together. If the roommates that are staying find a new replacement for the tenant that would like to leave the unit, please contact the Ashley Property Services Office for more information. If one roommate wants to leave, and the other(s) meets the requirements to take over the lease by themselves we can do that. Again, please call the office for this type of arrangement.