What is a Notice to Vacate Letter?

A Notice to Vacate Letter is a statement that a tenant writes and gives to a landlord, owner, or property manager. This legal document notifies the person in charge of a property that its current tenant no longer has the intention of renewing the lease, helping the former to understand fully the plan of the lessee to vacate the property in the near future, be it 30, 60, or 90 days in advance.

Often referred to as Notice of Intent to Vacate, Move Out Notice, and Intent to Vacate Letter, this notice serves as advance notification that a tenant writes before vacating the house, apartment, condominium unit he or she is leasing.

In general, a tenant should send a Notice to Vacate Letter when the lease is up for renewal since many contracts automatically renew or when he or she is moving out earlier than the end date of the leasing contract. Not only does it give a lessor time to look for a replacement tenant but also avoids a lessee the additional rent payments. In any case, if you are a tenant who wants to move before the end of your current lease, you should review the lease agreement to check if there are early termination fees. Often, if a tenant is breaking the terms of the lease by vacating the property prior to the end date of the lease period, there are appropriate penalties. Moreover, verbal notice to a landlord by phone or in-person is insufficient since if nobody witnesses your verbal move-out notice, proving it is unlikely. A Notice to Vacate Letter acts as proof that you have notified your landlord and both you and him or her have an agreement.

While providing a Notice to Vacate Letter is advantageous as it serves as a formal statement of your intent to end and not renew the lease contract, not all landlords and property managers require a formal letter. Thus, you should review your lease contract to see if you need to send one.

How to fill out aNotice to Vacate Letter?

The sole purpose of a Notice to Vacate Letter is to terminate your lease by notifying your landlord or property manager that you have decided to vacate the property. Therefore, it should be simple and straightforward. Typically, it includes key details such as your personal information, property address, important dates, reasons for moving, and applicable fees if there are any.

For your convenience and to help you start if you do not know how to begin creating a Notice to Vacate Letter, we have a template that you can use. Use the guide below to fill out the template accurately.

Date asks for the date you wrote the letter.

Tenant’s Name asks for your full legal name as it appears on the lease contract.

Tenant Number asks for your unique tenant number if the landlord provided you with one.

Property Address asks for the full address of the property you are leasing.

Agreed Lease Period asks for the lease period that you and the landlord agreed on.

Stay Duration asks how long you have been staying in the property.

Date moved into the property asks for the exact date you started living in the property.

Date of vacate in the property asks for the intended date to leave the property.

Days notice asks for the number of days the notice was sent before you leave the property.

Reasons for moving asks for the reasons why you are terminating your lease. You may simply write “end of contract” if you are not planning to renew the lease after the lease end date. If you are vacating the property prior to the end date of your lease, you may indicate the reasons.

Additional Fees asks for payments that need to be met upon the termination of the lease.

The last part of the letter shows a condition that if the tenant fails to surrender the keys on the day of the move-out, an additional daily rental fee would apply. Provide the date of move-out and the appropriate rental rate fee as agreed upon with the landlord.

Both the tenant and landlord should sign the document to validate it.

Frequently Asked Questions About a Notice to Vacate Letter

How do you write a notice to vacate letter?

Writing a notice to vacate letter is a legal obligation that all landlords must follow when evicting their tenants. The notice to vacate letter does not require a reason for eviction and is typically valid for up to 30 days from the date of its issue by the landlord. In most places, this letter is required in order to proceed with an eviction.

In order to effectively evict a tenant, a landlord must provide a written notice to vacate. The first step of the eviction process is through the issuance of a notice to vacate letter from the landlord. This gives the tenant clear instruction on how and when they should leave the property. Failure by the tenant to comply with the notice to vacate letter can result in the landlord filing an eviction lawsuit. The length of time that a tenant has before they must act on the notice will depend on state laws and local ordinances.

Landlords choose the format for their notices to vacate letters based on what is best suited for their needs. The most common formats include:

30-day notice to vacate letter;
14-day notice to vacate letter; and
10-day notice to vacate letter.

What is included in a notice to vacate letter?

A notice to vacate should include the following important information:

The name of both landlord and tenants
A mailing address for the tenants
A description of the premises, including any physical address
The date on which rent is considered late — for example, if it is day 31 of the month, then the date of issue should show this.
The last day that rental payments are to be made prior to an eviction filing on the tenants
Deadline by which the tenant must leave

It is also a common practice to include contact information for the landlord or a representative, as well as a physical description of the property from which tenants should be vacated. The notice to vacate letter may serve as an important first step in an eviction lawsuit if it is not complied with by the tenant.

How should I send a notice to vacate letter?

Federal law requires the use of certified mail with a return receipt to issue eviction notices or notices to vacate letters. This will provide proof of delivery and subsequent refusal by the tenant to accept the notice if they do not respond within a set time frame for acceptance of notice. It will protect your interest as a landlord from any future action taken by the tenant. Moreover, it creates a paper trail in the event that you need to pursue eviction through your state court systems.

What is the purpose of a notice to vacate letter?

A notice to vacate letter is used to inform tenants that they must leave your property. This is different than an eviction notice, which is usually followed by legal action if the tenant does not comply with the letter or pay rent owed. In most places, a notice to vacate letter is required in order to proceed with an eviction. In most cases, a 30-day notice is sufficient for tenants that have been late on rent payments or who have violated their rental agreement in some way. The length of time during which a tenant must leave is based on local and state laws. It may be affected by whether the tenant is on a month-to-month rental agreement or has signed a lease with a set end date.

There are special notice requirements for tenants that have been habitually late in paying rent, do not maintain the property, cause disturbances or destruction of property, possess unauthorized pets or tenants, or otherwise breach the rental agreement.

After receiving a notice to vacate letter, tenants may take steps toward resolving the issue by speaking with an attorney about their rights and responsibilities under federal law for renters, mitigating damages caused through late rent payments, making necessary repairs to correct property damage, maintaining the compatibility of their pets with the housing rules or by simply leaving the property.

It is important to note that if the tenant does not comply with the notice to vacate letter, it can result in eviction filing through a court of law. This may require you as a landlord to appear before a judge in order to seek damages against both the tenant and their guarantors. It is the responsibility of the tenant to take action on a notice to vacate letter in order to avoid eviction proceedings. This may include renegotiation of rent payments, working with you as their landlord on resolving any issues that have arisen, or simply leaving the property by the date specified on the notice.

How do you write a 30-day notice for an apartment?

To write a 30-day notice for an apartment, the landlord or tenant is required to state the reason for ending the tenancy. The notice must also include the date that the tenant must leave and state that the notice is for non-payment of rent, material breach of the rental agreement, or end of the lease term. Before the 30-day period expires, the landlord or tenant must provide written notice of termination. This can be done either by handing the notice directly to the other party or by mailing it with proper postage. Correctly sending a 30-day notice letter via certified mail with the return receipt requested makes sure that proof of delivery is available.

Remember that unless the reason for ending the tenancy fits into one of the three categories, this type of notice does not apply:

No rent has been paid;
There are lease violations; or
The agreed-upon lease term has ended.

How do I tell my tenant to move out?

To inform your tenants to move out, you must serve them a notice to vacate letter.

It is always best to provide a notice to vacate letter to your tenants as soon as you realize that they are behind in rent or have violated their agreement. You can also use this letter if it's time for them to move out and the rental term has already ended. You must include the date they have to vacate the property as well as your reason for eviction.

It's best to provide a notice to vacate letter before taking any further steps with evicting them from the property. This will give them time to adjust and prepare themselves before being evicted from the home you provided them with.

How do I give a tenant notice?

A tenant must give at least one month’s notice before moving out. If a tenant agrees to move out earlier, they may be able to give less than one month’s notice. However, it is not always necessary for the tenant to end the tenancy by giving written notice if there has been an agreement from both parties that the tenancy will end on a certain date or if there are special circumstances.

If the tenant has agreed with the landlord to end the tenancy on a certain date, or if there are special circumstances, then either party can change their mind as long as they give written notice to the other person before that date. If this happens, the tenancy does not have to be ended by giving written notice if both parties agree.

Do you have to pay rent after a 30-day notice?

Even after receiving a 30-day notice, you still have to pay rent for the days that you will still be on the property. As long as you live in the unit, you have to pay rent. It would be best to either pay the rent and stay or leave and not pay.

What are your vacate period terms?

The period terms of vacating a property vary. In most cases, a tenant must move out when their fixed-term lease expires. In some situations, however, the tenant may seek to leave before their lease ends. In certain situations, a landlord can also seek early termination of a tenancy agreement for specific reasons allowed by law.

When a fixed-term tenancy agreement expires and neither party has indicated they want to change or end the tenancy, it automatically continues as a periodic agreement. The period is one month unless the tenant and landlord agree on a different time period. The landlord may not arbitrarily set a new rent or require the tenant to sign a new lease agreement.

If a tenant wants to move out before their fixed-term lease ends, they must provide written notice that is received by the landlord on or before the day rent is due. In those cases where there is no automatic extension of the tenancy, a tenant's notice to terminate must be received by their landlord before rent is due. The day that the written notice is given to the landlord does not count as part of the period of notice required by law.

How do I give my landlord a one-month notice?

You can give your landlord a one-month notice if you decide to end your lease. It is common courtesy to give at least 30 days' notice or one full rental period prior to the last day of your lease. Simply write a notice letter to your landlord and mail it to the address on your lease agreement. Include your name, address, contact information, and the date you intend to vacate your rental unit. Send the letter by certified mail so you have proof of delivery.

What is a vacate agreement?

A vacate agreement is a contract between the landlord and tenant that allows for the early termination of a lease agreement. A vacate clause is typically included in a commercial lease, but some residential leases include this option as well, and it can be added even if there isn't one currently.

A vacate clause offers benefits to both parties. The tenant is able to vacate the property early, and the landlord can allow a new tenant to start a lease on a more up-to-date market. With some leases, there are penalties that have to be paid if either party terminates the agreement before it has been fulfilled, especially in regard to commercial leases. In most cases with residential leases, the tenants are required to pay a portion of their rent for as long as they occupy the premises unless the landlord finds another suitable tenant.

How much notice do I have to give my tenant?

You usually just need to give reasonable notice to your tenant when you want to end a rental agreement. Many tenancy agreements require that you give notice one month before the end of the tenancy.

If your rental agreement doesn't specify how much notice you need to give, ask yourself: “What do I want my tenant to do when they get this notice?” If you just want them to leave, it's enough to tell them at any time during the tenancy. But if you want your tenant to leave by a certain time, give them enough notice so that they can vacate before or on the date you specify.

If it's important for you and your tenant to end the tenancy agreement at the same time — for example, because you're both moving out at the end of an agreed period, you should agree with your tenant when this will be. One way to do this is to state in the notice that it is given “on termination of our agreement.”

What happens if a tenant refuses to leave after the lease expires?

If a tenant refuses to leave after the lease expires, you can file an eviction, as he becomes a holdover tenant — a tenant who remains in a rental property after his or her lease has ended.

A tenant can be evicted if you want them to move out of your rental unit, even if their lease hasn't expired. This comes up often when renting on a month-to-month basis. You don't need the police to evict the tenant - you can do it yourself or hire someone else to do it for you. If the tenant refuses to leave, you must win an eviction lawsuit before they will have to move out.

Can a landlord evict you if there is no lease?

Yes, your landlord can evict you anytime if there is no lease.

If you have no lease and pay month-to-month, your landlord can evict you anytime with written notice of at least 30 days. If the eviction is not for nonpayment of rent, the notice must be in writing and state the reason for eviction. It must state the date you must be out and the name and address of the party to whom you should deliver your keys. You can contest this eviction notice, but only if it is for nonpayment of rent or if it states a reason that is not true. For example, suppose you have no lease and pay rent monthly. Your landlord gives you written notice for nonpayment of rent because you have not paid the rent. The landlord expects you to move out within five days. If you do not, your landlord can file an eviction action against you in court.

Do you have to give a month’s notice when moving out?

It is appropriate to give a month's notice when moving out of a rented apartment. Many landlords have a policy requiring tenants to give one month's notice plus an additional month if they have a lease. Moreover, a tenant may need to give a month's notice if he has paid rent monthly. A landlord can legally require tenants to give notice before moving out.

What can you do if a tenant refuses to vacate?

If a tenant refuses to vacate residential property rented from a private landlord, the landlord can evict them.

Can a landlord not renew a lease for no reason?

Yes, a landlord may not renew a lease for no reason. He or she may give the notice to vacate letter to the tenant, usually 30 days to 60 days. The landlord cannot force the tenant out early unless the tenant breaches the lease in some way. For instances that there is no lease, the landlord may give the notice to vacate letter with a 30 day notice period. Nevertheless, the landlord has the legal right to not renew the lease even without any reason. The landlord has the legal right to evict a tenant at any point in time.

Is notice the same as eviction?

A notice is different from eviction.

A notice is a written notification that your landlord intends to start an eviction procedure, so it can give you time to fix whatever problem has arisen or to move out. Examples of reasons for notice are unpaid rent, staying after the lease ends, sub-leasing without permission, or not keeping the rental unit clean enough. If you receive a notice, it will include the reason for it and the amount of time you have to correct the problem.

An eviction is the court-ordered removal of you and your possessions from a dwelling that is enforced by police. This usually does not happen until after the landlord has successfully sued you in court, and probably also filed for a monetary judgment against you. Unless there is an agreement between you and your landlord to the contrary, only a sheriff or constable is authorized to physically remove you and your possessions. A landlord cannot do this herself, nor can she get another tenant to do it.

How to respond to a notice to vacate letter?

You can respond to a notice to vacate letter by calling your landlord to discuss the matter, but it is in your best interest to immediately retain an attorney. A notice to vacate letter does not mean you will be evicted immediately; it simply gives you notice that eviction proceedings are beginning.

The landlord must follow specific rules when serving this sort of notice, so read yours carefully to understand how much time you have to move. Specific time limits are typically stated in the notice, but if not contact your local housing authority for clarification.

A Notice to Vacate should not be ignored or put off because you can arrange an alternative schedule with your landlord without much difficulty. However, do seek legal advice before signing any agreements with your landlord since they may use the agreement as evidence against you in court.

If your landlord does not allow for alternative scheduling or if they are giving you too little time to move, do not wait for the last minute. It may be beneficial to vacate willingly without a judgment on your record – and can save you money – instead of facing an eviction notice. Moreover, no matter what happens, make sure you don't do anything that will make the problem worse. In most cases, once you have been evicted you have no legal right to return – not even for personal possessions.

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