During the coming months, many service members may be preparing for a permanent change of station (PCS). Moving to a new station brings many opportunities -- new jobs, new apartments, new schools, new friends. There is much to do to prepare. While you may be earnestly searching for a new place to live at your next duty station, you will want to settle any outstanding matters related to your old address.
Step One: Notify your landlord of your intent to move.
In the midst of the hectic time in preparing for a move, service members sometimes forget to let their landlords know that they are moving. Whether the move was planned or unplanned, you will need to inform your landlord.
Termination date: Many service members mistakenly believe that their landlord knows of their intent to move because their lease is about to expire. While your lease likely has a termination date ("the termination date shall be on XX June 2015"), many leases also include a clause creating a "month-to-month tenancy" unless proper notice is given (usually 30 days). This means that the obligation to pay rent may continue past the termination date, unless the tenant (or the landlord) provide written notice of intent to move out. Regardless of whether a month-to-month tenancy clause is included in your lease, it is a good idea to notify your landlord in writing at least 30 days prior to the date that you plan to leave.
Service members Civil Relief Act: Due to the nature of military service, Soldiers and Sailors are often required to PCS unexpectedly. Congress has recognized the undue hardship that this places on members of the service and passed the current Service members Civil Relief Act (SCRA) in 2003. Amongst other relief, the SCRA allows service members to prematurely terminate a residential lease when receiving PCS orders. Section 535(b)(1) of the SCRA provides that the service member must receive the orders after the lease has been executed and that the orders must be for a "permanent change of station or to deploy with a military unit or as an individual in support of a military operation for a period of not less than 90 days."
In order to terminate a lease pursuant to this clause, the service member must provide written notice to the landlord of the intent to terminate the lease, along with a copy of the PCS orders.
When is the termination effective? Once proper notice is given, termination is effective 30 days after the day on which the next rent is due. For example, if you give your landlord notice on June 2 and your next rent is due July 1, your lease will not terminate until July 30 (and your obligation to pay rent will continue through July).
Step Two: Request a move-out inspection.
Many leases explicitly provide for this, but it is also found in many state statutes. In general, tenants have a right to be present when the landlord performs a move-out inspection.
As per Virginia Code Section 55.248.15:1(C), a landlord should make reasonable efforts to inform the tenant of the "tenant's right to be present at the landlord's inspection … for the purpose of determining the amount of security deposit to be returned."
Under Maryland law, Code Section 8-203(f), a tenant also has a right be present during a move-out inspection. The tenant must notify the landlord by certified mail at least 15 days prior to moving out and include the date of intent to move out and new mailing address. Your landlord should then notify you by certified mail of the day and time of the inspection.
In the District of Columbia, the landlord may inspect the residence within three days before or after the termination of the tenancy. The landlord should give the tenant written notice of the inspection at least 10 days before the date of inspection, as per D.C. Municipal Regulation 14-310.
If possible, try to organize a date after your household goods have been packed up and after you have had a chance to thoroughly clean the residence. Make sure to review your lease to ensure that you have complied with all of the move-out requirements (for example, carpets professionally cleaned, all lightbulbs in working order, lawn mowed). Ask to have a move-out inspection sheet to review with your landlord and remember take photos to document the condition of the home.
Step Three: Return of the security deposit.
As per Virginia Code Section 55-248.15:1, a landlord must notify the tenant in writing of any deductions from the security deposit within 30 days of the date of the determination of the deductions. In any event, the landlord should return the security deposit less any deductions pursuant to an itemized list within 45 days of the termination of the tenancy.
Under Maryland law, Code Section 8-203(e), a landlord must "return the security deposit to the tenant together with simple interest which has accrued in the amount of three percent per annum, less any damages rightfully withheld" within 45 days of the termination of the tenancy. The interest accrues at six-month intervals from the date of the receipt and is not compounded.
In the District of Columbia, the landlord must either return the security deposit or provide to the tenant a notification of the landlord's intent to withhold monies in order to defray the cost of the applicable expenses within 45 days. If the security deposit has been withheld to defray the cost of expenses, the landlord then has 30 days from the date of notification to return the balance of the security deposit to the tenant, as per D.C. Municipal Regulation 14-309.
If your landlord retains a portion (or all) of your security deposit and you disagree, it is a good idea to provide your reasons to your landlord in writing. Perhaps you disagree with the value of the item damaged. Perhaps you disagree with the cost of the repair. If contacting your landlord does not resolve the issue, seek out the assistance of your nearest legal assistance office. A letter or phone call from an attorney is often helpful in resolving these issues. Occasionally, the help from the court is required, and service members find themselves contemplating filing a petition in a Small Claims Court. As your PCS destination is usually a great distance away, this is frequently the least preferable option. With open communication, proper planning and thorough documentation, this can hopefully be avoided.
Step Four: Moving into your new residence.
Keeping in mind the steps above, take some time to document the condition of your new home. Fill out a move-in inspection Sheet. Take pictures. And, remember to read your lease and contact your local legal assistance office if you are unsure of any of the terms and conditions or your lease.
Best of luck in your move!
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