House & Apartment

Move-out agreements document the end of a living arrangement. They help people plan. Written agreements also protect everyone if there are later disputes. 

Do not agree to a move-out agreement without figuring out what to do after the lease ends. Tenants who agree to move out on a certain date give up their legal right to stay in the unit after that date. Landlords give up their right to collect rent from the tenant A person who rents a space if the tenant moves out as agreed.

If a Housing Choice Voucher (HCV) pays any part of the rent, the landlord An owner of property who rents it out to a tenant and tenant must check with the local housing authority before negotiating a move-out agreement.

When a move-out agreement makes sense, start by figuring out goals. Common ingredients in a move-out agreement include:

• Ending the lease early or later than planned,
• Whether potential tenants can visit the unit while the tenant is still living there,
• Leaving the property in a specific condition,
• Final payment, which might be a compromise based on what is owed and what the tenant can pay (some landlords waive To give up a legal right or pardon a fee overdue rent entirely),
• Deducting rent from the security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit. ,
• A positive or neutral reference,
• Permission to store a few belongings after the move-out date,
• Allowing the landlord to dispose of any belongings left in the unit or storage after a specific date, and
• An agreement that the landlord will not file an eviction A court case brought by a landlord to get a tenant to move out case as long as the tenant follows through.

Write down the best-case scenario before negotiating. Prioritize goals based on what is most important.

The next step in preparing to negotiate is mapping out what may happen if the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. does not agree.

Learn about the standard rules for:

• Dealing with unpaid rent,
• Addressing lease violations, and
• Ending a lease.

Follow any legal requirements before starting a negotiation. This will limit problems if no agreement is reached. For example:

• A landlord An owner of property who rents it out to a tenant may serve Giving court documents to someone a written eviction notice and also talk to the tenant A person who rents a space about a move-out agreement, or
• A tenant may give written notice of ending a lease and ask the landlord to compromise. 

Talking to a lawyer Someone who represents clients in courts or who gives legal advice or housing counselor about legal issues may be helpful. To find a lawyer, use Get Legal Help or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.

Start with a calm, direct discussion. Bring up the idea of a move-out agreement. Sharing a proposed agreement and setting up a time to talk may help.

During the conversation, try to lay the groundwork for a future agreement. Finding out where the other side stands helps with planning. If an eviction case is filed, there will be another chance to reach an agreement.

Focus on a solution: Frame the conversation around clear outcomes. For example, “If I move out by Nov. 1, can we agree that you won’t file an eviction?” 

Set clear expectations: Do not assume what the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. expects. Make sure everyone understands and agrees on what will happen. Talk about the practical concerns:

• Move-out date,
• Property conditions,
• What will happen with rent or any security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit. ,
• How property left behind will be handled, and
• Any other issues.

Agree to disagree: A successful negotiation may include disagreeing on some topics. A written agreement that only covers agreed-upon points may be possible.

Pause if necessary: If the conversation becomes tense, take a break and return when both parties are calmer. This is especially important if the dispute feels personal. 

Voluntary negotiations do not include:

• Threats of violence to people or property,
• Illegal actions like lockouts,
• Unlawful discrimination, or
• Threats to disclose or actually disclosing a tenant’s known or suspected immigration status.

Keep records of any threats, including screenshots of text messages or emails. 

Get help: Mediators are trained to help people reach their own agreements. Lawyers can also resolve issues. 

Free help may be available:

• Request free mediation When a neutral person, called a mediator, works to help the parties in a case reach an agreement from the Center for Conflict Resolution,
• Ask Eviction Help Illinois statewide for legal help and mediation referrals, or
• Talk to Cook County Legal Aid for Housing and Debt in Cook County for legal help and mediation referrals.

If an agreement is reached, the next step is putting it in writing. Do not delay. The spoken agreement may not matter legally until it has been written down and signed by everyone involved. 

Do not write down any terms that:

• You do not fully understand, or
• Contain conditions you are not fully confident you can abide by.

Talk to a lawyer Someone who represents clients in courts or who gives legal advice for assistance in understanding the terms of any agreement. To find a lawyer, use Get Legal Help or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.

A written move-out agreement is a document signed by the landlord An owner of property who rents it out to a tenant and each adult Any person 18 years old or over moving out. The agreement sets out the terms for ending the lease early or modifying the lease.

Move-out agreements often contain:

• The names of the parties,
• The address of the property (including unit number if there is one),
• The date and time by which the tenant A person who rents a space will move out completely,
• The amount of rent and other charges that must be paid,
• The amount of rent and other charges that will be deducted from the security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit. ,
• How and when to return keys,
• When any specific personal belongings must be moved,
• What will be done with any possessions left behind in the unit, and who will pay for removal (landlords and tenants often agree that the landlord can dispose of anything left behind after the move-out date),
• How and when the security deposit will be returned, and
• Any other agreements related to the move-out (like “cash for keys”).

Read the agreement carefully. Make sure it contains everything that was agreed. Do not sign the agreement if it contains mistakes or has any terms that:

• You do not fully understand, or
• Contain conditions you are not fully confident you can abide by.

Talk to a lawyer Someone who represents clients in courts or who gives legal advice for help understanding the terms of a move-out agreement. To find a lawyer, use Get Legal Help or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.

Lawyers can help:

• Ensure the terms are clear and enforceable under local, state, and federal laws,
• Check that it does not waive To give up a legal right or pardon a fee rights that cannot legally be given up, and
• Confirm that the agreement does not allow future legal claims for things already agreed upon as long as everyone follows through.

To fix errors, it is better to have the person who wrote the document make a new, corrected version for everyone to sign. If a clean, corrected version is impossible, make the changes and have everyone put their initials by the change.

Once everyone is satisfied with the agreement, all parties must sign. Make copies of the final signed agreement, including any changes that have been agreed and initialed, for everyone who signs.

After the agreement is signed, everyone who signed must follow through. Because a written move-out agreement changes lease terms:

• The tenant A person who rents a space may no longer have the right to live in the property after the agreed move-out date, and
• The landlord An owner of property who rents it out to a tenant cannot collect more rent under the old lease if the tenant moves out by the agreed time.

Keep a copy of the signed move-out agreement. If payments are involved, save receipts. During the move-out process, take photos of the property showing the condition and any agreed-upon changes. 

If either party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. fails to follow the agreement, document the problem in writing right away. To have the sheriff A county officer who can serve people with summons. They can evict someone with a court order. evict a tenant who does not move out as agreed, the landlord must follow written notice requirements and file a court case. Only the sheriff can remove tenants. To evict people, the sheriff must have a valid order from a judge.

When a landlord does not follow through with a move-out agreement, remind them what it says. Additional steps may include: 

• If the landlord sends an account to debt collectors with an incorrect balance, learn what to do in Responding to debt collectors, and
• If the landlord starts a lawsuit that does not honor the move-out agreement, file a copy of the agreement with any documentation showing compliance with the court.

Seek legal help if the problem continues. To find a lawyer Someone who represents clients in courts or who gives legal advice , use Get Legal Help or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.