Notice To Vacate Rental Property

What is a Notice to Vacate Letter used for?

A notice to vacate rental property is a legal document used to notify a landlord about a tenant’s intention to move out. The formal notice to vacate rental property is a powerful legal tool for tenants. It is used to notify property owners about the lease termination well in advance.

A notice to vacate rental property is different from a termination of lease letter. The latter is used to notify a landlord about earlier termination of a rental agreement.

A notice to vacate is also known as a notice of intent to vacate or as a notice to vacate rental property.

When Is a Notice to Vacate Needed?

When a tenant plans to move out from a rental property, they have to notify their landlord about the same. This is a mandatory legal rule, which all rental agreements usually have. Having a written record of such a notification may help as follows:

• Finding New Tenants: Finding new tenants might be an issue. If a landlord is informed in advance, they have plenty of time to find and interview new tenants.
• Automatic Renewal: Most lease agreements have an automatic renewal clause. That means that they are being automatically prolonged on the last date of their term. Sending a formal notice to vacate rental property stops an automatic prolongation of a rental agreement.
• Return of Security Deposit: A legal notice to vacate rental property also deals with a return of a deposit. For example, a tenant may wish to provide new bank account details for a deposit to be returned. A tenant may also ask to use a deposit towards a last rent payment.

As a general rule, state laws provide that a written notice to inform about termination of a lease should be sent in advance. This rule applies to both residential and commercial lease agreements.

What is the Difference Between a Notice to Vacate and Eviction Notice?

Both documents are used to end an existing rental agreements between the parties. Though those documents have some differences, as follows:

• Type of Sender: An Eviction notice is a letter sent by a landlord, while a notice to vacate letter is sent by a tenant.
• Purpose of a Letter: A notice letter to vacate rental property is used to inform a landlord about the termination of an existing lease. An eviction notice is sent to inform a tenant about forceful eviction from the premises.
• Relationships between the Parties: A notice (letter) to vacate rental property is a friendly notification. An eviction notice is sent after a tenant refuses to move out from the property amicably.

How to Write a Notice to Vacate Rental Property?

The law does not define the exact format for a notice to vacate rental property templates. Besides that, the law does not define the way such notice should be sent. Thus, a tenant may communicate their intention to vacate orally. Yet, it is highly advisable to use a written notice instead.

Check Your Lease Agreement First

Before writing a notice, you have to check the original lease agreement. Try to locate a clause or an article named as ‘Termination’ or similar. The termination clause may contain a lot of helpful details, including

• types of notices to be sent between the parties;
• notice period—30 days, 60 days, 90 days, or more;
• specific content of a notice (if any); and
• reasons for earlier termination, etc.

There is one important rule to keep in mind. Some rental agreements may set up specific procedures on how a notice to vacate should be sent. In that case, parties should follow those rules. Failure to do that may result in violation of a lease agreement and additional penalties.

Explain a Reason for Termination

As a general rule, inclusion of a reason for termination is not a mandatory rule. However, if an original lease agreement requires stating such a reason, such a reason should be given.
It is crucial to understand that a reason for termination is a matter of good practice. A tenant may send a written notice from the tenant to vacate rental property when:

• Relocation to another state takes place;
• A tenant has to change their current job;
• A tenant has changes in the composition of their family, etc.

How to Send Notice to Vacate Rental Property?

Once a template of notice to vacate rental property is ready, it should be signed by a tenant. If a tenant is an individual, he or she should put their signature at the end of a letter. If a tenant is a business entity, a business’s representative should sign a letter.

Before sending a notice, the preferred communication method should be used. Check the original lease agreement to find the same. You can send a notice to vacate rental property in various ways:

• By Mail: This is the most popular way of sending notifications between the parties. A written notice is sent to a landlord’s mailing address. Sometimes a mailing address is the same as a registered address. Though always double-check the original lease agreement for the same.
• By Email: A written notice could also be sent to a landlord’s email address.
• Other Means: An official communication can be performed via social media or SMS.

As a rule of thumb, a notice to landlord to vacate rental property should be sent directly to the landlord. Yet, in some cases a property is managed by a property management company. In that case a written notice should be sent to the management company.

What are types of notices to vacate rental property?

There are several types of notices to vacate. They differ depending on the applicable period of notice required:

• 30-day Notice to Vacate Rental Property: This notice is used in month to month tenancies. For instance, if your lease renews on the 30th day of each month, send your notice to vacate on the 1st day of the last month.
• 60-day Notice to Vacate Rental Property: This type of notice to vacate is applicable for long-term lease agreements. The average duration of those contracts is usually at least one calendar year.
• 90-day Notice to Vacate Rental Property: This type of written notice applies for long-term rental agreements. A long-term rental agreement lasts for at least a few years. Usually the number of days’ notice period increases respectively.

Get Your Template of Notice to Vacate Rental Property

A notice from a tenant to vacate rental property should contain the following information:

• Property’s Description: Provide the full property’s address and description. Make sure a landlord understands to which exact type of property you are referring.
• Tenant’s Contact Details: State direct means of communication with a tenant. This is especially important if you expect a landlord to give answers to some of your questions.
• Return of Deposit: If you have a deposit locked in with a landlord, you may want to ask for its return. In that case, state the exact amount of a deposit and details of a bank account where it should be paid back.
• Additional Information: All rental agreements are different. If there are some things you want to discuss with a landlord, do not hesitate to include them in a written notice.
• Date and Signature: A formal notice to vacate should include a date on which it is being drafted. It is vital since, from a letter’s date, the notice period starts to count. Do not forget to put a tenant’s signature to make a written notice legally valid.