Lease Termination: Notice to Vacate

When moving out of one apartment rental into a new apartment rental, there’s a lot for renters to remember, starting with notifying the landlord. First and foremost, you must give your notice to vacate by sending your landlord a lease termination letter. In this article, you’ll learn exactly how to terminate your lease with all the details you need to communicate in your termination letter. For your convenience, there’s even a lease termination letter template included below.

A notice to vacate is a written letter or statement a tenant gives to their landlord or property manager informing them of their intention to move out of their rental when their lease ends. Some refer to a notice to vacate as a notice of intent to vacate.

How much notice your landlord must receive depends on several factors, including state law and the terms of your lease. Timeframes for when to give your notice to vacate can vary from 30 to 60 to 90-day notices. Determining the correct timeframe starts with reading your rental agreement. There, you’ll find details regarding whether you should give a 30, 60, or 90-day notice.

This notice gives landlords 30 full days from the time renters give their notice to vacate until the day they move. A 30-day notice is the most common timeframe for leases and month-to-month rentals.

Some states, like California, require tenants to provide landlords with at least 60 days’ notice before vacating their rental.

These notices are typical for those living in subsidized housing, like in California, for example.

The short answer is no; as a rule, tenants must give landlords more than 3 days’ notice if they do not wish to be in violation of their lease. 3-day notice to vacate letters are typically sent by landlords to tenants if there’s unpaid rent and they’re taking steps toward eviction. These notices generally disclose how much rent the tenant owes and that they have three days to pay it in full in order to avoid being evicted.

Renters can make their notice to vacate official by putting it in writing. One thing to remember is that not all landlords require a written notice to vacate. If they do, it’s spelled out in the rental agreement. However, no matter what’s in the rental agreement, it’s a good idea to send a formal lease termination letter rather than to give the notice to vacate verbally. Why? If you send your letter via certified mail, there’s proof that the landlord received it. Although tenants might think it’s a good idea to send these letters via email, there’s no way to prove that the landlord received your email or that it didn’t end up in their spam folder. That said, it can’t hurt to email your landlord to give them a heads up to be on the lookout for your certified letter in the mail. Instead of writing the letter by hand, it’s best to type the letter to ensure your landlord doesn’t misread or misinterpret what you’re saying. Below is a template giving examples of how to set up your notice to vacate letter and exactly what to include in it.

RE: Notice to Vacate

Dear [Name of landlord or property manager],

I am providing you with this written [number of days your state or lease agreement requires]-day notice informing you of my move-out date on [insert date].

My lease agreement started on [insert date] and ends on [insert date]. I don’t intend to renew my lease and, accordingly, plan to vacate apartment #[insert number] on or before [insert date]. After moving out and cleaning the apartment, I’ll deliver the apartment’s keys and sign any required documentation regarding my security deposit.

Please notify me when my security deposit of $[insert amount your lease agreement shows] will be returned. Please also indicate if you need to take money out to cover damages falling outside of typical wear and tear. You can return my deposit by sending it to [insert forwarding address].

After [insert moving date], you can reach me at [insert phone number].

Best regards,

[Signature]

[Printed name]

Sometimes renters need to vacate their lease early. Reasons to break your lease may include relocating for a job, issues with your landlord, and more. Because a lease is a legal contract, there could be consequences to this decision. Terminating your lease early could result in the following:

The bottom line is that providing a written notice in the form of a lease termination letter isn’t just a polite formality, it’s an absolute must. Sending a notice to vacate letter through certified mail gives renters legal proof that they’ve complied with the terms of their rental agreement. If you don’t put your intent to vacate in writing, you run the risk of a misunderstanding with your landlord. Renters should do everything they can to part with their landlord on good terms so they can use them as a reference in the future.