What is Notice to Vacate Drafting?
A notice to vacate is a formal written letter that specifies a move-out date for the tenant and terminates a lease agreement. While it’s said that either a landlord or tenant will submit this letter to the other to end the contract, this is not entirely true.
When the landlord wishes to end the agreement, the document is commonly known as a notice to vacate. On the other hand, if the tenant wants to end it, they will usually send a notice of intent to vacate or another form of written notice depending on the lease and state law requirements.
If you need to draft a notice to vacate, read the rest of this article for tips on how to draft it, such as what core elements it must contain, and how a lawyer can help you with the notice to vacate drafting process.
What are Key Terms to Include in a Notice to Vacate?
A notice to vacate usually contains the following information:
- Parties. State the full legal names and contact details of the landlord and tenant.
- Property address. Include the full physical address of the property or unit.
- Notice date. Specify when the notice to vacate is created and issued.
- Move-out date. This clarifies the exact date on which the tenant must vacate the property.
- Termination reason. Provide a reason for the termination for clarity.
- Security deposit. Explain how the security deposit can be returned.
What are Tips for Drafting a Notice to Vacate?
When drafting a notice to vacate, you should specify important information so that it’s legally sound and valid.
Check all Details
Make sure that contact details and other information for both parties are accurate. Check that their full names are spelled correctly and that their physical addresses and phone numbers are correct.
Include a Notice Period and Deadline
You want to provide a final date and time when the property must be vacated. This should be aligned with the lease terms, such as 30 days.
Provide Handover Details
Explain what items have to be returned by the tenant, such as keys and remotes, on the date specified in the agreement. If there are any other specific obligations, such as cleaning the property, these should also be included to prevent disputes.
Mention Inspections
You should make arrangements if there is a final property inspection and state when it will occur. Include how access to the property should be provided. If the inspection is going to evaluate the property condition or security deposit deductions, you should explain this to the tenant.
Consider Deposit Requirements
Avoid writing about deposit deductions or returns without understanding the specific rules governing deposits for the lease. These can include state laws, federal rules and even city or county rules.
Check the Lease Agreement
It’s important to refer to the lease contract before writing a notice to vacate. This will prevent contradictions across documents that can result in disputes.
Should You Hire a Lawyer for Notice to Vacate Drafting?
You don’t always need to hire a lawyer to draft your notice to vacate, but it’s advisable because it has to comply with all applicable laws and your lease agreement. A lawyer will give you peace of mind that the notice to vacate has been drafted correctly and protects both parties’ interests to prevent future disputes.
A lawyer will do the following activities during the notice to vacate drafting process:
- Checking relevant tenancy laws to ensure the notice is compliant with all legal requirements. This prevents inaccurate or unlawful statements.
- Determining what constitutes termination grounds, such as lease expiry or a breach.
- Drafting the note so that it’s clear and easy to understand, as well as filled with accurate information.
- Addressing inspection and handover arrangements for clarity.
- Serving the note correctly, such as by considering how and when it should be delivered to the other party.
- Considering both parties’ rights and obligations.
- Advising on the next legal steps to take should the tenant not vacate the property by the stated date. A lawyer will assist you through the process.
- Reviewing a notice to vacate you’ve already drafted, giving you peace of mind that it’s legally valid.
Where to Find a Lawyer to Draft a Notice to Vacate
If you need to find a reputable lawyer to draft your notice to vacate, you don’t have to call traditional law firms in your area. You can use an online legal platform that provides you with easy access to a range of lawyers who can assist you with the contract drafting process.
ContractsCounsel is one of the largest online legal marketplaces that connects you with a curated network of lawyers who have been vetted on the platform. All lawyers on the platform have experience in contract drafting and review.
To ask a lawyer on the platform to draft your notice to vacate, here are the steps to follow:
- Go to the ContractsCounsel marketplace.
- Select ‘One-time project’ and ‘Create or update contract.’ If you need a lawyer to review your agreement, select ‘Contract review’ instead.
- Post your project for free. Include some details of what you require to match with the most suitable lawyers.
- Review the lawyer information that’s provided on the platform. This includes the lawyers’ location, expertise, years of experience, credentials, and client ratings for previously completed projects on the platform.
- Select a lawyer who meets your requirements and hire them to draft your notice to vacate for a flat fee.