Posted in Blog  
  on Jun 07, 2014

How to Write a 60 Day Notice to Vacate to Tenant

In some states, you may be able to terminate the residency of a tenant who is on a month-to-month rental arrangement by providing them with a 60 days’ notice to vacate. This can only be done in most circumstances when the tenant has resided on the premises for at least 12 consecutive months. For the notice to be legal, you'll need to include some specific information in your 60 day notice. Let's take a look.

1. State the Facts First
The first part of the notice must include the details of the rental agreement, even if the lease has expired. Note when the initial lease was signed, who entered into the leased, and what property is in question.

2. Provide the Notice
Discuss the fact that the notice is for at least 60 days. You can provide a date that goes past 60 days if you prefer, but you must provide those 2 months at the bare minimum. Instruct the tenant to whom they must provide possession of the property, whether that is you, a landlord you have working for you, or another property management service.

3. List the Rent Due
When a tenant receives a 60 day notice, they'll likely just bail out on the remainder of rent that they owe. Break down the amount of rent that they will owe you, including any prorated rent for a partial month if your notice ends in the middle of a month. If you accept a rental payment above this amount, you may end up voiding out your notice and may need to create another one.

4. Discuss the Security Deposit
Based on your state's laws, you must furnish a written statement of all deductions that have come from the security deposit the tenant provided upon moving in and have a refund issued of the remaining amount. There is usually a specific time frame that must be met during this period of time, ranging from 14-30 days based on your local laws.

5. Talk About Showing the Property
Once you give a tenant a 60 day notice to vacate, you'll also have the right the show the property to future tenants. You must give the tenant 24 hours’ notice in advance of entry and the notice generally needs to be in writing. If you must mail these notices, utilize certified mail so that you have a delivery notification. Keep in mind that the clock doesn't generally start clicking for at least 3 days after you drop the notice in the mail.

6. Close Out the Letter
You'll want to include a place where you can schedule an appointment with the tenant to check out of the property and do a mutual final inspection. Discuss your options should the tenant not provide the property to you at the end of the notice period and be specific about what the reason for termination happens to be. Make sure you sign the letter and you may consider having it notarized as well, depending on your unique situation.


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