Partial Move Outs. What if I’m leaving, but someone is staying?

Posted on July 28, 2016

If anyone in a location is staying but some of the roommates are moving out, this is called a partial move-out.

Leasemates who are leaving are subject to all the terms and conditions of the lease, including move out dates.

You must move all your stuff by the Move Out Date

A departing roommate must remove all of their belongings by the move out date in the original lease. You may not leave any belongings in the room you are vacating, even with the permission of the incoming roommate, unless other arrangements are made with the office, well in advance, and in writing.

This is because we must do a full inspection of the room, and the common areas of the home, for deposit return accounting purposes.

What about my security deposit?

In partial move-outs, a move out inspection will be conducted on the bedrooms vacated as well as the common areas of the home. All costs will be deducted from the security deposit of the previous tenants (including the people leaving and those staying).

Two things can happen with items identified on the move out. First, things may actually be fixed. When they are fixed, all tenants will be charged their portion of the costs as a reduction in the existing security deposit just as if it were the move out for all tenants. This will reduce the previous security deposit.

In some cases, work will not be completed at that time, but instead a Charge-Credit will be posted to the account which provides the continuing residents with a larger deposit, taking into account the costs charged to the departing tenants. This is ALSO reduce the amount of the security deposit divided among the leaving/returning tenants. We do this, because, you know, it wouldn’t be fair for the folks who stay on, and especially for folks who join a place, to be held accountable for damage that occurred previously so everyone of the “old” tenants are affected by this. However, the returning tenants get a credit since the work has not been done (yet).

BUT… returning tenants may also owe a charge to make there own personal security deposit whole when they do not get all of their portion rolled over to the new lease.

An example of partial renewal SecDep handling

Let’s look at an example. Say a security deposit for a unit is $3000. There are 5 people. 3 are leaving. 2 are returning. At the end of the lease $1200 in damage is noted, including broken items (say, $400) and painting and cleaning of $800. The $400 is fixed, but the tenants choose not to have the painting and cleaning done, and instead get a charge-credit for the $800 (they are charged $800 on the old secdep and credited for that $800 as an addon to the NEW secdep).

So, what happens? The security deposit is reduced by $1200 for all the expenses. That leaves a security deposit of $1800. Divided by 5, that’s $360 per person. The 3 departing tenants receive $1080 paid to the primary tenant (to be distributed as they see fit) and the 2 renewing tenants get a rollover of $360 ea, so $720 against the secdep of the new lease. BUT their security deposit should have been $3000/5 or $600 each so each of them owes $500 minus $360, or $140 to “make their portion whole.” So they will see a new charge on the new lease of $280 ($140 * 2) that the returning tenants should pay to make everything even.

What happens to the $400 for work done? It is gone. It paid for work.

What happens to the $800 for work not yet done? It is transferred to the new lease as an INCREASE in the security deposit. This is the “charge-credit.” Making the total for the new security deposit $3800 ($3000 plus the $800). But remember, until all the new tenants PAY (or get credit for) their own $500, it won’t be $3800. We will have “paid” the $800 but it goes to an larger secdep (to account for the work to be done, and paid for, by the old tenants). And then each tenant owes $500. 3 * $500 is the new tenants, so they will have paid $1500 of that. Then the renewing tenants get $360 credit for the rollover, but for them to have “paid” $500 each, they have to pay the $140 each. $280 total.

Then, at the end, you would have the regular deposit, all paid in full, of $3000 PLUS $800 for work that the old tenants (including those that renewed) paid for but hasn’t been done.

And that’s the 411, and is fair to all parties so no one gets stuff paying more (or less) for things they are responsible for.

Move Out Checklist

Partial move-outs are subject to the move out procedures of all leases. Check out our Key Move Out InfoMove Out Checklist, and Got Stuff? FAQs for more move out help.

Thanks for staying with us. Any questions? How can we help?