Notice to Vacate Notice to Vacate

As a renter, when you determine that you are going to vacate a real estate property that you are leasing, you should send a notice to vacate to the landlord in writing to ensure that you do not incur additional charges. A notice to vacate letter is usually required to be sent to the landlord at least 30 days prior to the date the tenant will be out of the property. However, your landlord could have modified your terms to 60 days or longer in your lease agreement, and you should check your lease. A notice of intent to vacate is a legal requirement in some states but not all so, if you are in doubt, be sure to check with an attorney and use a proper notice to vacate form.

In some states, tenants can rent a property with a lease on a month-to-month basis. In some situations, a tenant will, with the landlord’s permission, stay extra months after the expiration of a lease agreement. If a tenant is staying after the termination of a lease agreement, it is necessary to send a notice to vacate as soon as they have decided to vacate. Once a move out date is decided, the notice to vacate letter should include certain information to protect you from miscommunication and possibility of incurring additional charges.

A notice to vacate should have the name of the landlord, the address of the property being rented, the statement that the tenant intends to vacate and the date upon which the tenant will be out of the property. It is important to send a notice to vacate letter, even if you are leaving at the end of your lease. This notice of intent to vacate will protect the tenant and avoid any misunderstandings. It is important to give the amount of notice to vacate that is specified in the lease. If no amount of notice is set out in the lease, the notice to vacate letter is usually sent 30 days prior to the date the tenant will vacate the premises.

If a tenant has an agreement with a landlord, a notice to vacate with a date that the landlord can inspect the property should still be sent. If conditions are not stated in your lease, you may want to agree to allow the landlord to show the property while you still live there. If that is the case, you can specify the conditions in a notice to vacate letter. You can request that the landlord gives you notice prior to showing or you can request that the landlord wait to show the property until you are out. However, be sure that there is no verbiage in the lease that addresses this issue.

Sending a notice to vacate in a timely fashion goes a long way to maintaining a good relationship with your landlord. Your landlord will have opportunities to give you references and to report to credit agencies about your performance under the terms of the lease. A notice to vacate letter is greatly appreciated by most landlords.

If there is more than one tenant who executed the lease on the property for which you are completing a notice to vacate form, be sure that each tenant signs and dates the notice to vacate.

According to the terms of your lease, you may wish to address the return of your security deposit. Your notice to vacate can give your landlord a date by which you do a final inspection of the property together. If you and your landlord agree upon a termination or move-out date that extends past the lease termination date, you can also address the amount of pro-rated rental payments that are to be paid.

Whether your lease has expired or not, you may want to give your landlord specific reasons for your notice to vacate the property. You may need to relocate for a job, have purchased a home or relocate for other reasons. If you are leaving the property because of a problem or a lease violation, be sure to set that reason out in detail in your notice to vacate. If you are sending a notice to vacate letter because of poor maintenance, of excessive noise caused by neighbors, because of rental increases or other reasons, be as specific as you can in your notice to vacate. Just sending a notice to vacate letter, even if you think the reason is sufficient, does not always keep you from being responsible for fulfillment of the terms of the lease, including payment of rental. Always contact an attorney if you are sending a notice to vacate prior to the end of the lease term to determine your potential liability.

Still have questions? Please feel free to contact one of our helpful customer service representatives. If you are coming out of a bad rental experience, make sure that you background check your next landlord with to ensure you are moving into a better living situation.

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