Moving out when your roommates are staying
Leaving a shared home before the lease ends is common: a new job, a relationship, a cheaper place. Done well, it leaves your former roommates in a good position and you with your share of the deposit. Done badly, it leaves everyone short. This guide covers the order to do things in and the arithmetic of the last month. It is information, not legal advice.
- Step 1Tell your roommates early
- Step 2Read the lease and ask the landlord
- Step 3Help find a replacement
- Step 4Prorate the last month
- Step 5Settle your deposit share
- Step 6Split the final bills
01Tell your roommates first, and early
Your roommates will carry the cost of an empty room, so they should hear before anyone else. Give at least as much notice as your roommate agreement asks for; if you don’t have one, the lease’s notice period is a fair benchmark. Agree a last night, because nights are what the last month’s rent is prorated on.
02Check what the lease and the law say
If your name is on the lease, leaving the flat doesn’t automatically take it off. The landlord may still hold you responsible for the rent until the lease ends or you are released in writing. A sublet works the same way: New York’s Attorney General notes that if the landlord consents to a sublet, “the tenant remains liable to the landlord for the obligations of the lease, including all future rent.” Ask the landlord whether you can be removed from the lease, or whether a replacement can be added in your place, and get the answer in writing.
Some states also have rules about occupants. In New York, when more than one tenant is named, the Attorney General’s guide says that “if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant.” Rules differ widely by state, so look up yours or ask your state’s tenant-rights agency.
03Help find a replacement
A replacement the remaining roommates are happy to live with solves most of the problems at once: the rent stays covered, the deposit can be bought out, and nobody has to absorb an empty room. Offer to help with the search, but let the people staying make the decision, and involve the landlord where their approval is needed.
04Prorate the last month by nights
If the household agrees to prorate, count the nights you stay in that rent period, including the first and the last, and multiply your monthly share by nights stayed ÷ nights in the period. With a $950 share, a 31-night month and a last night on the 12th, that is 12 ÷ 31 × $950 = $367.74. If you already paid the whole month, the household owes you the difference; if a replacement moves in on the 13th, they pay the rest.
Prorated rent, your deposit share and final bills, netted into one amount, with the working shown.
Work out the leaving settlement05Your share of the deposit
The landlord usually returns the deposit when the whole tenancy ends, not when one roommate leaves. So the usual arrangement is that someone buys out your share now: either the person replacing you or the roommates who stay, who then get it back from the landlord later. Agree how damage is handled: either estimate any damage in your room and take it off now, or hold part of your share back until the landlord’s itemized statement arrives.
06Final bills
Utility bills often arrive weeks after you leave. Agree now that you will pay your share of the bill periods you were there for, split by days at home, and leave a way for the household to reach you. Usage-based bills such as electricity follow who is home: the U.S. Energy Information Administration lists air conditioning, space heating and water heating as the largest uses of home electricity.
07Put it all in one settlement
Add the parts together (rent refund or shortfall, deposit buy-out, final bills, and any balance you already had in the household ledger) and you get one amount that either the household pays you or you pay the household. Record it, pay it, and mark it as paid. Then everyone can move on.
Sources
- Residential Tenants’ Rights Guide, New York State Attorney General. ag.ny.gov/publications/residential-tenants-rights-guide
- Renter’s Rights, Office of the Texas Attorney General. www.texasattorneygeneral.gov/consumer-protection/home-real-estate-and-travel/renters-rights
- California Civil Code §1950.5 (security deposits), California Legislative Information. leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1950.5
- Electricity use in homes, U.S. Energy Information Administration. www.eia.gov/energyexplained/use-of-energy/electricity-use-in-homes.php