When you decide to end your tenancy in a residential property, it's a good idea to provide written notice to your landlord. This will avoid certain complications and generally make the process smoother for all parties involved.
If you've signed a long-term lease agreement, you're committed to living in the rental unit until the lease term is over. Even if your fixed-term lease does not auto-renew, the lease's wording may require you to provide up to 60 days' notice of your intent to move out.
A written notice, delivered correctly, leaves evidence of your actions if there is a conflict that leads to a court proceeding. You'll be able to prove your intent to vacate the premises was communicated through the proper channels and in a reasonable timeframe.
A Notice of Intent to Vacate (Fixed Term) is a simple form letter that communicates your intention to vacate a rented or leased property by a specific date.
This form addresses the needs of people who are engaged in a fixed-term tenancy. In other words, people on a long-term lease agreement with or without the option to auto-renew.
A properly drafted and signed Notice of Intent to Vacate (Fixed Term) constitutes a legal notification. If you do not notify your landlord of your intent to vacate and end the tenancy agreement, your contract may automatically renew against your wishes.
Without a Notice of Intent to Vacate (Fixed Term), you have little recourse to challenge a lease once it has automatically renewed.
Depending on your state, a Notice of Intent to Vacate (Fixed Term) may also be known as:
Tenant Notice
Move Out Notice
Intent to Vacate Letter
Notice of Departure
Any tenant who wants to end a fixed-term tenancy is well-advised to use a Notice of Intent to Vacate (Fixed Term). The tenancy termination requirements are established in your lease, and you may have to file a written notice to comply with the lease.
However, even if a lease doesn't require it, it is still a good idea to provide written notice to your landlord to avoid any conflicts. Your landlord will appreciate this courtesy because it allows them to begin screening new tenants for the property.
A Notice of Intent to Vacate (Fixed Term) is different from the one used to end a periodic lease agreement. If you have a periodic lease agreement, you'll use a Notice of Intent to Vacate (Month to Month).
As a landlord, you can request a Notice of Intent to Vacate (Fixed Term) from your tenant in the lease agreement. It's a good idea to do this since it establishes a tenant left on their own free will. This removes any doubt the tenant was coerced into leaving the property.
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A Notice of Intent to Vacate (Fixed Term) can be as simple as a written statement of your intentions. However, it should include specific provisions to ensure it is conveying your intent accurately. With our proprietary form generator, you simply need to answer a few questions, and we will compose the form for you.
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To create your document, please provide:
Governing State: Which state laws apply to the original lease agreement.
Method of Delivery: How the notice will be delivered to the property owner (mail, email, hand delivery, etc.).
Landlord Details: Full name and address of the property owner as it appears in the lease agreement.
Premises Details: Physical address of the property being vacated.
Details of the Termination: Briefly describe why you're leaving the property and terminating the lease. You don't need to give any specific information, but be sure it's enough to communicate your intentions.
Forwarding Address: If you haven't already, give your landlord an address where they can send your security deposit and any notices after you've vacated the property.
Security Deposit: If applicable, state the amount of your security deposit and any portion you expect to receive.
Outstanding Debt: Any outstanding debt you still owe to the landlord related to the property, including rent, repairs, etc.
Right of Entry: A provision, typically within a lease agreement, allowing a landlord to enter a property under certain conditions as long as these comply with state and local laws.
Pursuant: Conforming with the requirements of a document, provision, or law.
Remedies: Any legal action that leads to a just outcome in a conflict. In the context of a rental property, remedies might include terminating a lease, demanding all due rents, or evicting a tenant.
Unlawful Detainer: When a tenant refuses to leave a property after a lease agreement has expired or the tenancy was terminated in other ways.
Abandonment: Circumstances that let a landlord assume a property has been vacated. This usually includes failure to pay rent for an extended period or visual evidence that the property is not inhabited, such as uncollected mail.
A Notice of Intent to Vacate (Fixed Term) needs to be signed by the tenant, and only the tenant. The landlord does not need to sign it to indicate receipt of the notice.
A witness to the signature can help validate it if conflicts arise. Notarizing the signature on a Notice of Intent to Vacate (Fixed Term) is not required but may help if you need to establish the signature's validity beyond question.
Once signed, deliver the Notice of Intent to Vacate (Fixed Term) to your landlord via the method prescribed in the notice itself. If you need to provide additional copies of the notice via other ways, it's a good idea to create a new notice with the delivery method explicitly stated.
Once signed, deliver the Notice of Intent to Vacate (Fixed Term) to your landlord via the method prescribed in the notice itself. If you need to provide additional copies of the notice via other ways, it's a good idea to create a new notice with the delivery method explicitly stated.
Generally speaking, yes. However, your lease agreement may require a written notice of intent to vacate. If you don’t provide the notice under those circumstances, you may be subject to a penalty from the landlord.
It depends on your lease agreement. If you fail to provide written notice in compliance with the laws of your jurisdiction, your lease may auto-renew for the same period you originally contracted or turn into a periodic lease.
If your lease establishes specific requirements for a notice period before vacating a property, follow those requirements. Even if your lease doesn’t automatically renew, your landlord may require a notice to vacate 30 or 60 days in advance. Landlords typically like to have as much notice as possible so they have time to find a new tenant.
Once you deliver your notice, it constitutes a commitment to leave the property by the appointed date. The landlord does not have to allow you to stay in the property after that. But, you may be able to negotiate extra time past the notice date or even completely annul it if your landlord agrees to the new terms. This is generally easier to do the closer you change your mind to the delivery date.
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