Notice to Vacate

Notice to Vacate

Notice to Vacate

Notice to Vacate - What is it?

Notice to Vacate Forms can be used by landlords to notify tenants they will need to leave the rental property by certain date. The Landlord Notice to Vacate informs tenants to vacate the rental property and remove their possessions, and the Tenant Notice to Vacate is used by tenants to notify landlords and property management companies that they intend to vacate the rental property and return the keys within 30, 60, or 90 days.

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Notice to Vacate - Why is it important?

The Notice to Vacate Form is an easy way to end your rental lease. Landlords or tenants can use this form to communicate the date by which the rental property should be empty. For month-to-month leases (see the rental agreement for tenancies at will) most states will require at least a 30 Day Notice to Vacate. The Notice to Vacate could be given in the form of a 30 Day Notice to Vacate, 60 Day Notice to Vacate, or a 90 Day Notice to Vacate, depending on the circumstances. The notice period required is typically defined in the rental lease terms.

  • Landlord Notice to Vacate notifies tenants that they should vacate the rental property and remove all of their personal possessions
  • Tenant Notice to Vacate notifies landlords and property managers that the tenant intends to vacate the property
  • 30 Day Notice to Vacate is required in most states for month-to-month tenancies
  • Most Residential Lease contracts require a 30 Day Notice to Vacate for tenancies at will

Notice to Vacate - When should it be used?

Many property managers use property management software to stay on top of rent collections and notice periods. A landlord or property manager in can use the Landlord Notice to Vacate Form when they want a tenant to vacate the rental property at the end of their lease (or leave in 30 days or more if there is no lease). Tenants can use the Tenant Notice to Vacate to inform landlords and property managers of their intention to vacate the rental property at least 30 days before they intend to move out, or longer if required by the terms of their Lease Agreement. There are a several other situations in which the Notice to Vacate might be used, like if the rental property has been sold or if the building has been condemned.

  • Notice to Vacate can be used when a tenant's lease is ending
  • Notice to Vacate can be used when a tenant has a month-to-month lease
  • Notice to Vacate can be used when a tenant in hasn't left the rental property after the lease has expired or if the tenant doesn't have a lease.

Notice to Vacate - What should be included?

The Notice to Vacate Form must contain the date on which the Notice to Vacate is given, and the time frame in which the rental property should become vacant. Specific details must be clearly stated on the notic to ensure the other party has reasonable awareness of their responsibilities. Here are some of the basic details that should be included in a Notice to Vacate:

  • Name of tenant and other persons who need to vacate the property
  • Address of rental property
  • Reason for lease termination
  • Number of days until the property is vacant
  • Signature of person giving Notice to Vacate
  • Date that Notice to Vacate is given

Notice to Vacate - What should I do with it?

If you are a tenant who has received the Landlord Notice to Vacate, you may need to remove all of your possessions and vacate the rental property by the date stated on the Notice to Vacate Form. If you are a landlord or property manager who has received the Tenant Notice to Vacate, you should start finding a new tenant for your rental property. If a Notice to Vacate is given before a tenant's Lease Agreement has ended, additional actions may need to be taken by either party depending on the terms of the rental agreement.

Notice to Vacate - What else should I know?

The Notice to Vacate is similar to the Notice to Quit Form for termination of tenancy, and can be used to inform the tenant to leave after the lease is up (common with month to month leases), or if there is no lease and you just want the tenant to leave. The Notice to Vacate does not evict the tenant or terminate the Lease Agreement. If you want the tenant to vacate the property due to nonpayment of rent, or because they cause physical injury to the property or pose a health hazard, you should read more about Eviction Notice Forms such as the Notice to Quit Form. The Lease Termination Form might be more appropriate in other scenarios when there are other breaches in contract or if you need to void the lease contract. It is important that these forms are detailed and specific, because an inaccurate or incomplete form could potentially cause difficulties during a future eviction proceeding.

After receiving the Notice to Vacate, the amount of time that must be given to vacate the property will vary by state, so you should be sure to check with the laws. In most states, a 30 Day Notice to Vacate is sufficient if the tenant does not have a lease.