If you’re a landlord or tenant wishing to end a lease, it’s important to be familiar with a notice to vacate. In this article, we’ll explain what a vacate notice is and when it is used. Plus, we’ll provide you with a template that makes it easy to write your own notice.
What is a Notice to Vacate?
A notice to vacate is sent by a tenant or landlord to notify the other party that they wish for the tenant to leave. People sometimes refer to this as a notice to quit.
This notice is typically supplied in one of two cases:
- A landlord or tenant wishes to end a non-problematic month-to-month tenancy.
- A landlord or tenant wishes to end a fixed-term lease due to breach of lease terms.
While an eviction notice is a court order to move out of the premises, a notice to vacate is issued by a landlord or tenant. Before filing for eviction, a landlord may issue such a notice to give a tenant a chance to correct lease violations. If a landlord is selling the property or moving in, they may also supply a tenant with this notice.
A tenant may supply their landlord with a notice to vacate if they wish to move out of a rental unit.
When Should a Tenant/Landlord Send a Notice for a Month-to-Month Lease?
Most leases contain specific information regarding how much notice a tenant and landlord must provide before ending a month-to-month lease. If the lease does not state this information, the individual issuing the notice to vacate should refer to their state statutes. Many states require 30 days’ notice before leaving.
When Can a Landlord Supply a Notice to Vacate for a Fixed-Term Lease?
If a tenant violates the terms of the lease agreement, a landlord may supply a notice to vacate. This notifies a tenant of their faults and provides them a chance to fix the problem.
Some circumstances when a landlord may supply a tenant with a notice include:
- The tenant fails to pay rent.
- The tenant damages property
- The tenant has unauthorized pets in the rental unit.
If the tenant does not fix the outlined issues, the landlord may proceed with a formal eviction notice.
When Can a Tenant Supply a Notice to Vacate for a Fixed-Term Lease?
If a tenant is living in a rental unit with a fixed-term lease, they must have just cause if they wish to vacate before the lease term is over.
The following circumstances are cases when a tenant may issue a notice to vacate during a fixed-term lease:
- The landlord or property manager is not keeping the rental unit in a habitable condition. It is important to note that tenants must provide adequate time for landlords to address problems.
- The tenant is a victim of domestic violence and fears for their safety.
Notice to Vacate Template
If you’re wondering how to write a notice to vacate, we’ve got your back. Follow this template, deliver a copy to your landlord, and keep a copy for your records.
Phone: [Your Phone Number]
Email: [Your Email Address]
Dear [Landlord’s Name],
This letter is a written notice to let you know I will be vacating my rental unit at [rental unit address] on [date you will vacate]. This notice fulfills the [x] days notice outlined in the lease agreement (or [state statutes] if the lease agreement does not specify the required notice).
I would like to schedule an inspection of my apartment before I leave. Please contact me at [your phone number] to schedule the walkthrough.
Please return my security deposit to [new address].
[Your Full Name]
Final Tips Regarding a Notice to Vacate
Make sure to send your notice early enough that you are following the guidelines outlined in your lease or state statutes. Even if you provide a notice to vacate, you may still be violating the lease terms if you move out without providing enough days of notice.