Can You Take Back a Notice of Moving Out of an Apartment?

Answer

You are required to provide written notice to the landlord that you will not be renewing the lease when you choose to vacate the rental property you are currently occupying. As soon as you hand over this notice to your landlord, it will become legally enforceable, and you will be required to abide by it. In the event that you have a change of heart and decide you do not want to depart after all, the choices available to you are limited. You may make an effort to negotiate with your landlord, but if you are unable to come to terms, you are required to adhere by the terms of your notice to leave.

Tip

If you provide notice to your landlord that you intend to depart a rental property, the notice is legally enforceable and cannot be unilaterally retracted, even if you change your mind or your circumstances. You will have to convince your landlord to let you remain, which may be difficult, particularly if the flat has already been advertised or leased out to another tenant. However, if you are successful, you will be able to continue living there.

Landlord’s Rights to Re-Rent

Your landlord has the legal authority to ensure that the rental property is occupied at all times by responsible individuals who pay rent. Your landlord may start advertising for new renters and conducting screenings as soon as you provide them a notice that you will be moving out. The move-in date for the new tenant is normally scheduled a few days after the move-out date of the previous tenant, with a few days in between allowing the landlord to complete any necessary repairs and cleaning. If you wait until the last minute to change your mind, it’s possible that your landlord has already found a replacement renter and is making plans to sell the property after you vacate it.

Appeal to the Landlord

If you have already informed the landlord in the appropriate manner that you desire to evacuate the property but subsequently change your mind, you should notify him as soon as possible. If it’s been just a few days, there’s a strong probability that he hasn’t done much in the way of publicising the open position in the company. It is possible for the landlord to retract the notice and go on as if you had never provided it if you are a good renter and have a positive relationship with the landlord. Obtain a written confirmation of the agreement being cancelled, and then have the landlord sign and date the document. Store this document in your folders for future reference.

Pay Your Way Back In

You may make a case to the landlord for alternate accommodations even if the procedure for renting a property is already well under way. If the landlord has already begun the advertising process, you should inquire whether or not you may compensate him for the fees he has incurred up to this point if he would voluntarily revoke your notice. Inquire about any other rental properties that the landlord may possess. He could be able to give the new renter the option of moving into another unoccupied apartment, or he might be able to rent you out the other space. Your landlord is not required to cooperate with you in any way, and they have every right to consider the notice that you gave them to quit as a final and legally binding agreement.

Comply and Vacate

You are stuck with no choice but to comply with the notice if the landlord is unable or unwilling to take any action to rescind it. If you voluntarily abandon the property on or before the date specified in your notice, you must leave it in a clean and undamaged state in order to get the whole of your security deposit back. Eviction proceedings will be initiated against any tenants who do not quit the rented property by the specified date. If you continue to occupy the property after the date specified in your notice, the landlord will give you a notice to vacate the premises that is valid for three days, during which time you will have the opportunity to comply. After then, the landlord would most likely file a claim against you in court alleging that you have illegally retained possession of the property.