What we verified in “Moving back to your home country: your home and your lease”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. Under the Texas Property Code, a month-to-month tenancy may be terminated by the tenant or the landlord giving notice to the other; if the rent-paying period is at least one month, the tenancy ends on the day given in the notice or one month after the notice is given, whichever is later; and this rule does not apply if both parties signed an instrument agreeing on a different notice period or that no notice is required.

   Sources 1 · Tex. Prop. Code §91.001(a), (b) and (e): 'A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other'; 'if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later'; 'the day given in the notice for termination'; 'one month after the day on which the notice is given'; 'a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required' · Checked October 29, 2026

2. Under Texas law, the landlord must refund the deposit on or before the 30th day after the tenant surrenders the premises (subject to the forwarding-address rule), and a lease clause requiring advance notice of moving out as a condition of the refund is effective only if it is underlined or printed in conspicuous bold print in the lease.

   Sources 2 · Tex. Prop. Code §92.103(a)-(b): 'the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises'; 'A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease' · Checked October 29, 2026

3. Under the same Texas law, the landlord may not keep any part of the deposit for normal wear and tear, and a landlord who keeps all or part of the deposit must give you the balance together with a written description and itemized list of all deductions.

   Sources 2 · Tex. Prop. Code §92.104(b)-(c): 'The landlord may not retain any portion of a security deposit to cover normal wear and tear'; 'the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions' · Checked October 29, 2026

4. Under Texas law, the landlord is not obligated to return the deposit or give the written description of damages and charges until the tenant gives the landlord a written forwarding address for the refund; the tenant does not lose the right to the refund merely for failing to give it.

   Sources 2 · Tex. Prop. Code §92.107: 'The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit'; 'The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord' · Checked October 29, 2026

5. Under Florida law, a tenancy without a specific term may be terminated by either party with written notice: month to month, with not less than 30 days' notice before the end of any monthly period; week to week, with not less than 7 days' notice before the end of the weekly period.

   Sources 3 · Fla. Stat. §83.57(3)-(4): 'may be terminated by either party giving written notice'; 'When the tenancy is from month to month, by giving not less than 30 days' notice prior to the end of any monthly period'; 'When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period' · Checked October 29, 2026

6. Florida law lets a fixed-term lease require you to give notice before leaving at the end of the lease, as long as that clause also requires the landlord to notify you if the lease will not be renewed; the lease may not require less than 30 or more than 60 days' notice from either party; and if you stay with the landlord's permission after the lease ended and do not give the notice the law requires, you owe one additional month's rent.

   Sources 4 · Fla. Stat. §83.575(1) and (3): 'may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement'; 'if such provision also requires the landlord to notify the tenant'; 'may not require less than 30 days' notice or more than 60 days' notice from either the tenant or the landlord'; 'the tenant is liable to the landlord for an additional 1 month's rent' · Checked October 29, 2026

7. If you break a Florida lease early, the law gives the landlord options: retake the unit for your account and hold you liable for the difference between the rent agreed and what the landlord recovers by re-renting it, with a duty to try to re-rent in good faith; or charge an early termination fee or liquidated damages of no more than 2 months' rent, only if you accepted that by signing a separate addendum to the lease and if the fee requires no more than 60 days' notice.

   Sources 5 · Fla. Stat. §83.595(2) and (4): 'holding the tenant liable for the difference between the rent stipulated to be paid under the rental agreement and what the landlord is able to recover from a reletting'; 'the landlord has a duty to exercise good faith in attempting to relet the premises'; 'if the amount does not exceed 2 months' rent'; 'the tenant is required to give no more than 60 days' notice'; 'The tenant must indicate acceptance of liquidated damages or an early termination fee by signing a separate addendum to the rental agreement' · Checked October 29, 2026

8. Under Florida law, unless the written rental agreement says otherwise, a tenant who leaves before the end of the agreement's term, or who rents week to week, month to month, quarter to quarter or year to year, must give the landlord at least 7 days' written notice before leaving, by certified mail or personal delivery, and the notice must include the address where the tenant can be reached; without that notice the landlord is relieved of sending the deposit claim notice, but the tenant does not give up any right to the deposit.

   Sources 6 · Fla. Stat. §83.49(5): 'must give at least 7 days'; 'written notice by certified mail or personal delivery to the landlord before vacating or abandoning the premises, which notice must include the address where the tenant may be reached'; 'Failure to give such notice relieves the landlord of the notice requirement of paragraph (3)(a) but does not waive any right the tenant may have to the security deposit' · Checked October 29, 2026

9. The same Florida law says that when the agreement ends, a landlord who will not claim any of the deposit must return it (with interest, if required) within 15 days; a landlord who will claim part of it must, within 30 days, send written notice by certified mail to the tenant's last known mailing address, or by email in accordance with section 83.505; and the tenant has 15 days after receiving that notice to object in writing.

   Sources 6 · Fla. Stat. §83.49(3)(a): 'the landlord must return the security deposit, together with interest if otherwise required, within 15 days after the termination of the rental agreement'; 'within 30 days after the termination of the rental agreement, provide the tenant written notice by certified mail to the tenant's last known mailing address or by e-mail in accordance with s. 83.505'; 'you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice' · Checked October 29, 2026

10. Florida law says a landlord or tenant may deliver by email the notices required under this part of the law only if both parties signed an addendum to the rental agreement in which they specifically agree to electronic delivery and each provided a valid email address; the addendum must advise that the election is voluntary and that they may revoke it.

    Sources 7 · Fla. Stat. §83.505(1): 'may electronically deliver via an e-mail address any notices required under this part to the other party if the parties have signed an addendum to the rental agreement that the parties specifically agree to the electronic delivery of notices and have each provided a valid e-mail address for such purpose'; 'such election is voluntary and that they may revoke such agreement' · Checked October 29, 2026

11. Florida law says that renting all or substantially all of a dwelling previously claimed as a homestead for tax purposes constitutes abandonment of the homestead, and that the abandonment continues until the owner physically occupies it again; abandoning it after January 1 does not affect that year's exemption unless the property is rented for more than 30 days per calendar year for 2 consecutive years.

    Sources 8 · Fla. Stat. §196.061(1): 'The rental of all or substantially all of a dwelling previously claimed to be a homestead for tax purposes shall constitute the abandonment of such dwelling as a homestead'; 'the abandonment continues until the dwelling is physically occupied by the owner'; 'does not affect the homestead exemption for tax purposes for that particular year unless the property is rented for more than 30 days per calendar year for 2 consecutive years' · Checked October 29, 2026

12. The Texas Tax Code says a home does not lose its character as a residence homestead when the owner who qualifies for the exemption temporarily stops occupying it as a principal residence, if the owner does not establish a different principal residence and the absence is for less than two years and the owner intends to return and occupy it as a principal residence.

    Sources 9 · Tex. Tax Code §11.13(l)(1): 'does not lose its character as a residence homestead when the owner who qualifies for the exemption temporarily stops occupying it as a principal residence if that owner does not establish a different principal residence and the absence is'; 'for a period of less than two years and the owner intends to return and occupy the structure as the owner's principal residence' · Checked October 29, 2026

13. The IRS explains that the sale of U.S. real property by a foreign person is subject to FIRPTA income tax withholding; that persons buying from a foreign person, certain purchasers' agents and settlement officers are required to withhold 15% of the amount realized on the sale; that in most cases the buyer is the withholding agent; and that the amount realized is the sum of the cash paid, the fair market value of other property transferred and any liability the buyer assumes or to which the property is subject.

    Sources 10 · FIRPTA withholding: 'subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) income tax withholding'; 'are required to withhold 15%'; 'of the amount realized on the disposition'; 'In most cases, the buyer (transferee) is the withholding agent'; 'The cash paid, or to be paid (principal only)'; 'The fair market value of other property transferred'; 'The amount of any liability assumed by the transferee or to which the property is subject' · Checked October 29, 2026

14. According to the IRS, FIRPTA withholding is generally not required when the buyer acquires the property for use as a residence and the amount realized (the sales price) is not more than $300,000; the buyer or a member of the buyer's family must have definite plans to reside at the property for at least 50% of the days the property is used by anyone during each of the first two 12-month periods, and the buyer must be an individual.

    Sources 11 · Exceptions from FIRPTA withholding: 'The buyer (transferee) acquires the property for use as a residence and the amount realized (sales price) is not more than $300,000'; 'must have definite plans to reside at the property for at least 50% of the number of days the property is used by any person during each of the first two 12-month periods following the date of transfer'; 'the transferee must be an individual' · Checked October 29, 2026

15. The Instructions for Form 8288 say withholding is required at a reduced rate of 10% when the buyer acquires the property for use as the buyer's residence and the amount realized is $1 million or less.

    Sources 12 · Instructions for Form 8288, 'Withholding at a Reduced Rate': 'Purchase of residence for $1 million or less. Withholding is required at a reduced rate of 10% in the case of a disposition of'; 'A property that is acquired by the transferee for use by the transferee as a residence'; 'The amount realized for the property is $1 million or less' · Checked October 29, 2026

16. The IRS explains that the tax withheld is reported and paid using Form 8288, which the buyer generally files by the 20th day after the sale; that the buyer must prepare a Form 8288-A for each person from whom tax was withheld; that the IRS stamps copy B of Form 8288-A and sends it to the seller; and that the seller must file a U.S. income tax return and attach that stamped Form 8288-A to receive credit for the tax withheld.

    Sources 13 · Reporting and paying tax on U.S. real property interests: 'is reported and paid using Form 8288'; 'Generally, transferees must file Form 8288 by the 20th day after the date of the disposition'; 'The transferee must prepare a Form 8288-A for each person from whom tax has been withheld'; 'IRS will stamp copy B of Form 8288-A and send it to the transferor, the person subject to withholding'; 'The transferor must file a U.S. income tax return and attach the stamped Form 8288-A to receive credit for any tax withheld' · Checked October 29, 2026

17. According to the IRS, the amount withheld can be adjusted by a withholding certificate issued by the IRS; the buyer, the buyer's agent or the seller may request it; the IRS generally acts within 90 days after receiving a complete application including the taxpayer identification numbers of all parties; a seller who applies must notify the buyer in writing on the day of or the day before the transfer; and a certificate may be issued, among other cases, when the amount that would be withheld is more than the seller's maximum tax liability.

    Sources 14 · Withholding certificates: 'can be adjusted pursuant to a withholding certificate issued by the Internal Revenue Service (IRS)'; 'The buyer (transferee), the transferee's agent, or the seller (transferor) may request a withholding certificate'; 'The IRS will generally act on these requests within 90 days after receipt of a complete application including the Taxpayer Identification Numbers (TIN's) of all the parties to the transaction'; 'must notify the transferee in writing that the certificate has been applied for on the day of or the day prior to the transfer'; 'The amount that must be withheld would be more than the transferor's maximum tax liability' · Checked October 29, 2026

18. The IRS explains that if you have a gain from the sale of your main home, you may qualify to exclude up to $250,000 of that gain from your income, or up to $500,000 if you file a joint return with your spouse; in general you must meet both the ownership test and the use test: having owned the home and used it as a residence for at least 24 months (2 years) of the last 5 years before the sale.

    Sources 15 · Topic no. 701, Sale of your home: 'you may qualify to exclude up to $250,000 of that gain from your income, or up to $500,000 of that gain if you file a joint return with your spouse'; 'you must meet both the ownership test and the use test'; 'owned the home for at least 24 months (2 years) out of the last 5 years leading up to the date of the sale'; 'used the home as a residence for at least 24 months (2 years) of the previous 5 years' · Checked October 29, 2026

19. The IRS explains that, in general, income from U.S. real property owned by a nonresident alien is taxed at 30% (or a lower treaty rate) if it is not effectively connected with a U.S. trade or business; that the nonresident alien can elect under section 871(d) of the Code to treat all income from U.S. real property as effectively connected income; that with that election the nonresident can claim deductions and the net income is taxed at graduated rates; that the election is made by attaching a statement to Form 1040-NR; and that it stays in effect for later years until revoked.

    Sources 16 · Nonresident aliens - Real property located in the U.S.: 'is taxed at a 30% (or lower treaty rate) if it is not effectively connected with a U.S. trade or business'; 'can elect under Internal Revenue Code (IRC) 871(d) to treat all income from U.S. real property as effectively connected income'; 'the NRA can claim deductions attributable to the real property income, and the NRA's net income from real property is taxed at graduated rates'; 'makes the initial election by attaching a statement to their income tax return, Form 1040-NR'; 'This election stays in effect for all later tax years unless the NRA revokes it' · Checked October 29, 2026

20. The IRS says Form W-8ECI must be given to any withholding agent or payer in the first year the 871(d) election is made and in later years when required; that a nonresident who makes the election must file Form 1040-NR for the year of the election and every later year until it is revoked; and that one who does not file within 16 months of the original due date may not claim deductions or certain credits, unless the IRS grants a waiver.

    Sources 16 · Nonresident aliens - Real property located in the U.S.: 'is required to be given to any withholding agent or payer by the NRA in the first year the IRC 871(d) election is made and in any subsequent year when required'; 'for the year the election is first made and for every subsequent year until the election is revoked'; 'who does not file within sixteen (16) months of the original due date (without regard to extensions of time to file), is not permitted to claim deductions from gross income and is ineligible to claim certain credits, unless the IRS grants a waiver' · Checked October 29, 2026

21. The Instructions for Form W-8ECI say that if you made or will make the section 871(d) election, you provide Form W-8ECI; that a foreign person receiving the proceeds from the sale of U.S. real property does not use Form W-8ECI for that, but should see Form 8288-B instead; that Form W-8ECI is given to the person requesting it, generally the person who pays you; that if you do not provide Form W-8ECI, the withholding agent must withhold at the 30% rate; and that effectively connected income, after allowable deductions, is taxed at the graduated rates that apply to U.S. persons and resident aliens, rather than at the 30% rate.

    Sources 17 · Instructions for Form W-8ECI, 'Do not use Form W-8ECI if': 'However, if you made or will make an election under section 871(d) or 882(d), provide Form W-8ECI'; 'You are a foreign person receiving proceeds from the disposition of a U.S. real property interest. Instead, see Form 8288-B'; 'Generally, this will be the person from whom you receive the payment'; 'If you do not provide Form W-8ECI, the withholding agent must withhold at the 30% rate'; 'Effectively connected income, after allowable deductions, is taxed at graduated rates applicable to U.S. persons and resident aliens, rather than at the 30% rate' · Checked October 29, 2026

22. The IRS explains that a nonresident alien who must file uses Form 1040-NR; that effectively connected income, after allowable deductions, is taxed at graduated rates, and FDAP income at a flat 30 percent with no deductions; that if you are an employee with wages subject to withholding, or you have an office or place of business in the United States, you generally file by April 15, and otherwise by June 15; that Form 4868 requests an automatic extension; and that to get the benefit of deductions or credits you must timely file a true and accurate return.

    Sources 18 · Taxation of nonresident aliens: 'Nonresident aliens who are required to file an income tax return must use Form 1040-NR'; 'Effectively Connected Income, after allowable deductions, is taxed at graduated rates'; 'FDAP income is taxed at a flat 30 percent (or lower treaty rate, if qualify) and no deductions are allowed against such income'; 'or you have an office or place of business in the United States'; 'For a person filing using a calendar year this is generally April 15'; 'For a person filing using a calendar year this is generally June 15'; 'you should file Form 4868 to request an automatic extension of time to file'; 'To get the benefit of any allowable deductions or credits, you must timely file a true and accurate income tax return' · Checked October 29, 2026

23. The IRS explains that you are a dual-status individual when you were both a U.S. resident and a nonresident for tax purposes in the same tax year; that the most common dual-status years are the years of arrival and departure; that if you give up residence during the year and are not a resident on the last day of the year you file Form 1040-NR, write Dual-Status Return across the top and attach a statement showing the income for the part of the year you were a resident; that in a dual-status year you cannot use the standard deduction or file a joint return, unless you are married to a U.S. citizen or resident and elect to file jointly; and that income from U.S. sources is taxable whether you receive it as a resident or a nonresident.

    Sources 19 · Taxation of dual-status individuals: 'You are a dual-status individual when you have been both a U.S. resident and a nonresident in the same tax year'; 'The most common dual-status tax years are the years of arrival and departure'; 'if you are a dual-status taxpayer who gives up residence in the United States during the year and who is not a U.S. resident on the last day of the tax year'; 'across the top of the return'; 'You cannot use the standard deduction allowed on Form 1040'; 'You cannot file a joint return. However, a dual-status individual who is married to a U.S. citizen or resident may elect to file a joint return with their spouse'; 'Income from U.S. sources is taxable whether you receive it while a nonresident or a resident of the U.S.' · Checked October 29, 2026

24. The IRS explains that the departing alien clearance (sailing permit or departure permit) is a document most aliens must obtain from the IRS before leaving the United States, as proof that they settled their U.S. tax liabilities before a planned long-term or permanent departure; that it is received after filing Form 1040-C or Form 2063 at the local IRS office, by appointment; that you should get it at least 2 weeks before you plan to leave and cannot apply earlier than 30 days before the departure date; and that some categories of people do not need it.

    Sources 20 · Departing alien clearance (Sailing permit): 'is a document most aliens must secure from the Internal Revenue Service (IRS) before leaving the United States'; 'proof that you have settled your U.S. tax liabilities before a planned, long term or permanent departure'; 'after filing a Form 1040-C, U.S. Departing Alien Income Tax Return or Form 2063, U.S. Departing Alien Income Tax Statement'; 'You must make an appointment for assistance at the local office'; 'at least 2 weeks before you plan to leave'; 'You cannot apply earlier than 30 days before your planned departure date'; 'Aliens not required to obtain sailing or departure permits' · Checked October 29, 2026

25. According to the IRS, if you are a resident or nonresident alien, or their spouse or dependent, you can apply for an ITIN regardless of immigration status; you are a nonresident alien for tax purposes if you meet neither the green card test nor the substantial presence test; the IRS takes about 7 weeks to notify you of your application status, and 9 to 11 weeks during tax season or if you applied from overseas; and if you move before you get your ITIN, you should contact the IRS.

    Sources 21 · Individual taxpayer identification number (ITIN): 'you can apply for an ITIN regardless of immigration status'; 'Nonresident alien - If you don't meet either the green card or substantial presence test for resident alien status'; 'Allow 7 weeks for us to notify you about your ITIN application status'; 'It can take 9-11 weeks if it's tax season (January 15 to April 30) or if you applied from overseas'; 'If you move before you get your ITIN, contact us' · Checked October 29, 2026

26. The IRS explains that Low Income Taxpayer Clinics (LITC) assist low-income people who have a tax dispute with the IRS and provide education to people who speak English as a second language; that they can represent you before the IRS or in court on audits, appeals and collection matters; that services are free or for a small fee; that the amount in dispute is usually less than $50,000; and that the clinics are completely independent of the IRS.

    Sources 22 · Low Income Taxpayer Clinics: 'assist low income individuals who have a tax dispute with the IRS, and provide education and outreach to individuals who speak English as a second language (ESL)'; 'LITCs can represent you before the IRS or in court on audits, appeals, tax collection matters, and other tax disputes'; 'Services are provided for free or for a small fee'; 'the amount in dispute with the IRS is usually less than $50,000'; 'completely independent of the IRS' · Checked October 29, 2026

27. According to the IRS, the VITA and TCE programs offer free basic tax return preparation to people who qualify, including limited English-speaking taxpayers; you find a site with the VITA Locator Tool or by calling 800-906-9887.

    Sources 23 · Free tax return preparation for qualifying taxpayers: 'offer free basic tax return preparation to qualified individuals'; 'Limited English-speaking taxpayers'; 'use the VITA Locator Tool or call 800-906-9887' · Checked October 29, 2026

28. The CFPB explains that housing counselors give advice on buying a home, renting, defaults and credit; that the agencies on its list are approved by HUD and offer independent advice, often at little or no cost; and that you search for them by ZIP code.

    Sources 24 · Find a housing counselor: 'Housing counselors throughout the country can provide advice on buying a home, renting, defaults, forbearances, foreclosures, and credit issues'; 'often at little or no cost to you'; 'Search by ZIP code' · Checked October 29, 2026

29. The Legal Services Corporation (LSC), established by Congress in 1974, funds civil legal aid for low-income Americans; on its page you search by address or city for an LSC-funded legal aid organization near you.

    Sources 25 · I Need Legal Help: 'established by Congress in 1974 to provide financial support for civil legal aid to low-income Americans'; 'enter an address or city below to find an LSC-funded legal aid organization near you' · Checked October 29, 2026