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A notice to vacate is often the first step in the process of terminating a residential lease agreement or commercial lease . This happens because a tenant is ready to move on or the landlord finds a tenant that is better suited to the property.
Irrespective of why it is given, it’s important to understand what a notice to vacate is and how it works. In this post, we’ll look at notices to vacate in more detail.
What is a Notice to Vacate?
A notice to vacate is a written statement given by a tenant to a landlord informing the landlord that they plan to move out of the home or apartment when the lease ends. A notice to vacate can also be given by a landlord to a tenant when the landlord ends the lease agreement and requires the tenant to vacate the property.
It should be distinguished from other clauses in lease agreements like a break clause or early termination clause which also relate to the termination of a lease agreement, but in different circumstances and have different requirements.
Here is an article about notice to vacate letters.
Purpose of Notice to Vacate Letters
When a tenant moves out of a rental property, the landlord will need to spend time and money to fill the property. This takes time because the landlord will have to advertise the home or apartment, find prospective tenants, and screen them. So, the main purpose of giving a notice to vacate to the landlord is to enable them to find new tenants and minimize the time they’ll lose out on rental income.
Likewise, a landlord should give a notice to vacate well in advance to enable the tenant to find a suitable home or apartment they can move into.
How To Write a Notice to Vacate Letter
The notice to vacate should set out all the basic information that makes the purpose of the letter clear. It should also show that either the tenant or the landlord has followed the necessary steps to commence the move out process.
As such, the notice should contain the following information:
- The tenant’s name and address . This shows who the letter is from or directed to, depending on the circumstances, and should contain the tenant’s current address.
- The landlord's name and address . This is the contact information that the landlord has provided in terms of the lease agreement.
- Date . This is the date on which the notice is prepared.
- The purpose of the notice . The notice should clearly state that it's a notice of to vacate.
- Requested move out date . The notice should indicate the date on which the tenant will vacate the property or the date on which the landlord requests that the tenant vacate the property.
- The advance move out notice . Each state requires an amount of time that must be given in terms of a notice to vacate in order to legally terminate the lease agreement. Depending on the state and the type of lease agreement, the amount of notice can vary between seven days to 60 days.
- The need for a move out inspection . Certain states require a landlord to perform a move out inspection when a tenant vacates a home or apartment. The tenant needs to be informed on this date and the time at which the inspection will happen.
- The security deposit return . Each state has different rules for how and when a security deposit must be returned to the tenant. The notice to vacate should clearly set out that the tenant is entitled to the return of the security deposit and when this return will happen.
- Forwarding address . When the tenant prepares a notice to vacate, they should include the address where they can be reached and where the security deposit can be sent after they vacated the rental.
- Tenant signature . Depending on who sends the notice to vacate, it must be signed by either the tenant or the landlord.
Here is an article about how to write a notice to vacate.
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When To Use a Notice to Vacate Letters
There are different scenarios when notice to vacate letters are used. These are:
- Tenant to landlord no-cause notice to terminate . The first type of notice to vacate is the notice to vacate letter from a tenant to a landlord that serves as a termination letter of the lease. In terms of this notice the tenant informs the land that they will not be renewing the lease and that they will vacate the rental property. This notice should be given well in advance of the lease renewal. Typically, a 30-day notice is required.
- Landlord to tenant no-cause notice to terminate . The second type of notice to vacate is similar to the first but it's a notice that is sent by the landlord to the tenant that requests the tenant to vacate the property and informs them that the lease will not be renewed. This form of notice is quite uncommon because landlords want to have tenants in their properties.
- Landlord to tenant cause notice to terminate . The cause notice to terminate from the landlord to the tenant happens when the tenant has done something in violation of the lease agreement . This can include anything from the failure to pay rent to having an authorized guests or other lease violations. This type of notice requires the reason for the notice and allow the tenants a certain period of time to correct their violations. It's important to keep in mind, that while certain violations require the landlord to allow the tenants to correct them, others don't. For example, damaging the rental property does not require the landlord to allow the tenant to correct. The tenant fails to correct the violation, the lease will terminate.
- Tenant to landlord cause notice to terminate . The final form of notice to vacate is a cause notice to terminate by the tenant to the landlord when the landlord is in violation of the lease agreement though, for example, if the landlord does not adequately maintain the property as they are supposed to in terms of the lease agreement, the tenant will give this notice to the landlord.
Here is an article about the several types of notice to vacate.
Get Help With A Notice To Vacate
At any time when a lease terminates, whether there’s cause or no-cause, it’s necessary to send a notice to vacate. For any tenant or landlord doing this, it’s essential that the notice contains all the necessary information. If it doesn’t, it could lead to issues and disputes later.
As a result, it’s often recommended that tenants or landlords get help with preparing notices to vacate. Fortunately, real estate lawyers have the necessary skills and experience to assist landlords and tenants. To find out more about notices to vacate or get help in preparing one, visit our website where we have resources and lawyers available.
Meet some of our Notice to Vacate Lawyers
Craig M.
I have been practicing law for more than 4 years at a small firm in York County, Maine. I recently decided to hang my shingle, Dirigo Law LLC. My practice focuses mostly on Real Estate / Corporate transactions, Wills, Trusts, and Probate matters.
Melissa G.
My name is Melissa “Mel” Green and I provide legal counsel to entrepreneurs, start-ups, and small businesses that is clear, concise, and focused on the practical impact of decisions. As trusted legal counsel, I proactively identify risks, and develop effective, practical solutions that protect my clients businesses, create positive outcomes, and help mitigate legal exposure. My areas of expertise include business formation, contract law/commercial transactions, healthcare law, and intellectual property. I also provide services as an outside general counsel or “fractional general counsel”. Prior to starting my own law firm, I spent the majority of my career in-house at large and small corporations, both for profit and not-for-profit, working with senior and executive management, in addition to other stakeholders at a variety of management levels. to proactively identify and address risks, mitigate legal exposure, streamline processes, lead persuasive negotiations that are integral to ensuring positive outcomes for the organization, and deliver hands-on, spectacular client service. There came a time when I realized that individuals and smaller entities were not receiving the same level of legal support and guidance as mid-size to large companies and as a result, individuals and small businesses were not growing and sustaining on the same level. I wanted to use my expertise to provide those that were underserved by the legal market with competent counsel at an affordable price. With the increasing number of new businesses, I knew that I could make a difference to those that needed legal guidance but were putting it off in fear of “Big Law” prices. I love to “partner” with my clients, get a deep understanding of their business, develop lasting professional relationships and watch them prosper. I want to find a way to help my clients maximize the reach, value and impact of their business. Services that I have provided over the course of my career: (i) reviewing, drafting and negotiating commercial agreements (leases, MSAs and SOWs, consulting services agreements, confidentiality agreements, SaaS agreements, coaching agreements, independent contractor agreements, coaching agreements, photographer agreements, waivers and releases, licensing agreements, etc.), (ii) business formation (operating agreements, written consents, bylaws, etc.), (iii) preparing policies and procedures for businesses in highly regulated industries, (iv) conducting federal trademark searches and filing trademark applications/preparing trademark opinion letters after conducting appropriate legal research, and (v) general business counsel.
August 3, 2021
Robert D.
Robert is a skilled corporate lawyer, licensed to practice law in NY and DC. He has over 25 years of experience, with a focus on Venture Capital, Private Equity, M&A, General Business Law and Company Formation. Robert brings business side experience to every legal transactions. This allows him to shape a client's legal needs around its business goals to drive success in an effective and efficient manner.
August 3, 2021
Tim M.
Tim has 20 years of experience representing a wide variety of emerging and established companies in the technology, software, bitcoin and professional services industries. He works directly with his clients’ executives and boards of directors on corporate, intellectual property, and securities law issues. Recently, Tim has advised clients on Series A and Series B financings, corporate structuring, complex video licensing agreements, and structuring new hedge funds. Tim previously served as Forrester Research, Inc.’s General Counsel and Secretary where he was chief legal officer, led the company’s legal group, and managed the company’s legal and regulatory affairs. Tim played an integral role in the company’s initial public offering in 1997 and coordinated its secondary offering in 2000. He directed the legal process in the company’s acquisitions of Giga Information Group, Inc., Fletcher Research and Forit GmbH and oversaw over $125million in transactions. He also managed the company’s intellectual property assets. Tim is admitted to practice in Massachusetts and New York. Tim holds a Juris Doctor degree from the Boston College Law School and a Bachelor of Arts degree from Trinity College
August 4, 2021
Spencer W.
I’m a New York based attorney with substantial experience in media and art law, corporate structuring and commercial contracts. For the past several years, I have been advising startups and new business on their legal needs, with a special focus on tech and entertainment.
August 4, 2021
Robert Jay H.
My Legal career hasfocused on representing businesses (corporations and limited liability companies) as general outside counsel. In this capacity, I have drafted a broad range of legal documents as well as analyzed proposed agreements drafted by the other party's attorney to the agreement for the pupose of determining the risks to which my client would be exposed. I maintained the client's minute book if no one in-house was available for that task. Additionally, if rquested, I served as a general advisor to the client's executive offers and to its Board of Directors.
August 5, 2021
Simon C.
Corporate counsel with years of in-house experience working with and reporting to board / executive-level and upper management, along with extensive regional / national law firm background in commercial transactions and contracts, complex commercial litigation, and employment matters. Skilled at executing corporate priorities, driving profitability by implementing goal-oriented processes to achieve revenue and productivity targets, and managing company litigation and outside counsel. Recognized for creating policies and practices to address ethical dilemmas and resolving misconduct.
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