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Notice of Intent to Vacate

This Agreement is entered by and between Jonas Adam, individually or collectively as the "Signee" and Jane Smith, as the "Signer", together referred to as the "Parties".
The Contract is dated [the date both parties sign].

1. Agreement terms

The Parties agree that the following agreement is dependent on the terms presented as follow:

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Notice of Intent to Vacate

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When it's time for you to leave your rental property, whether it's a house, apartment, or condo, you need to end your lease properly by giving your landlord a notice of intent to vacate. Below you will find all the details on how to create a notice to vacate, what it should contain, how to send it to your landlord, and how much notice you should give them. Although it is a legal document, it doesn't need to be long or complex, but it's important you give them proper notice to ensure your lease agreement is ended properly.

What is a notice of intent to vacate?

A notice of intent to vacate, also known as a notice to vacate, is a formal written notice or letter that a tenant writes to their landlord to notify them that they intend to end their lease and vacate the rented apartment, condo, or home. A notice of intent to vacate can be used for any type of lease, whether it is month to month, short term, annual, or otherwise set. It is also not uncommon for leases with no set in date, such as those that are more flexible after a certain period, to still require a notice to vacate.

Can landlords give notice of intents to vacate?

Yes, just like a tenant can give a landlord a notice of intent to vacate, so to can the landlord provide the tenant with a notice of intent to vacate if they would like the tenant to vacate the premises. Each city and state has their own laws surrounding rental agreements and breaking them either from the landlord or the tenant’s side, so be sure to consult with a local attorney specializing in rental matters to ensure your notice of intent to vacate is compliant with these local rules.

How does a notice of intent to vacate work with subleasing and subtenants?

Just as a tenant would give a notice to vacate to their landlord or the landlord would give one to the tenant, so too can a subtenant give one to a sublandlord or the other way around. Just as the notice of intent to vacate serves as a formal conclusion or notice of conclusion to the rental agreement itself, so does the notice of intent to vacate serve as a notice of the end of the sublease agreement itself also.

Just as you should carefully review the terms of the rental agreement when writing the notice of intent to vacate, such as to ensure you're giving the proper notice time frame, so too should you read the sublease agreement to ensure you're following all rules associated with the termination. You should also know that sometimes a sublease agreement and a rental agreement will have different rules or restrictions associated with them, so it will not be sufficient to check the rental agreement if you're on a sublease agreement. You should check the agreement first that directly applies to your leasing situation to ensure you are providing the proper notice and information in the notice of intent to vacate.

What should my notice of intent to vacate include?

The notice to vacate does not need to be very long or complicated, but it does need to contain some key pieces of information. First, it should contain your name, your current address, and your city, state, and ZIP Code. Similarly, it should contain your landlord’s name or their company name, as well as the landlord’s address, city, state, and ZIP Code, as stated on your original lease.

The notice to vacate should also include the current date, as well as a sentence explicitly stating that you intend to vacate the property after a certain number of days on a certain date. Remember to include any reasons why you are breaking the lease if you are breaking it early, as it is always good to have as much written documentation on these types of issues as possible.

You should also include a reference to your security deposit and the amount that you expect back from that deposit, as well as a request to the landlord to contact you to set up a date to do a walk-through and final inspection of the property itself.

Lastly, depending on the property, your landlord, and your next move, it can be beneficial to ask the landlord to forward any mail or other items to your new address if you know what it is. You can also forward your mail automatically through the United States Postal Service.

Lastly, it can be beneficial to include contact information such as a phone number and email address for the landlord to contact you in the future if they have any questions.

Moving places can be stressful. Reduce the stress by doing it right and sending a notice to vacate. (Source)

How should I send my notice of intent to vacate to my landlord?

There is no single or official way to send the notice to vacate. However you normally communicate with your landlord is sufficient, if you are sure that they will receive it. Many people will send the notice via email or mail, or sometimes both to ensure that it is received.

Often times they will ask in the notice for the landlord themselves to confirm receipt of the notice and confirm the final date of their rental. If you are sending the notice to vacate over postal mail, then it is a good idea to send it via certified mail and keep a copy of the notice yourself for your own records.

While some people think it is sufficient to give verbal notice to your landlord, you should always also have a written notice for your records in their records in case there is any dispute in the future about what you requested

When should I give my notice of intent to vacate?

When you're trying to figure out how much notice you should give in your notice to vacate, it is best to start by reading your original rental agreement. More often than not your original rental agreement will contain some language specifying the notice period you must give. If that agreement does not give you a notice period, then you should ask your landlord for that information. It is also important to remember that when creating a rental agreement to include this notice period in there, as not including it or by not following it you could incur serious penalties, such as the loss of your security deposit if you do not give a sufficient notice.

You should also note that each city, county, and sometimes state has different rules on the length of an acceptable notice. However, it is always best to start by reviewing what is in your original lease agreement. Note that a 30 day notice period is most common in commercial rentals, but sometimes a 60 or even 90-day notice will be required by the landlord for certain types of rentals.

When will landlords send a notice to vacate?

There are several situations in which a landlord will give tenants a notice to vacate. Typically these are related to the end of the original rental agreement for one reason or another. For example, a landlord may terminate a rental and send a notice to vacate when a tenant is on a month to month rental.

It's also possible for a landlord to send this notice to vacate at the end of a fixed-term lease if the landlord themselves does not want the tenant to continue either on another fixed lease or month-to-month after the conclusion of the original lease.

And lastly it can be valuable for a landlord to send a notice to vacate to tenants that have not vacated the premises after the expiration of the original rental agreement. Just as for a tenant who is sending the agreement, it is important for a landlord sending the notice to vacate to include all information about the current date, the date they expect the tenant to vacate, any information related to their security deposit, and contact information on both sides. Because rental laws vary widely by city, county, and state, it is best for a landlord writing a notice to vacate to speak with an attorney to ensure their notice is compliant with these local rules.

Be careful when giving a notice to vacate and breaking your lease. There can be consequences! (Source)

What should I do if I am breaking the terms of my rental agreement with the notice of intent to vacate?

If you are breaking the terms of your rental agreement by sending your landlord a notice to vacate before your lease ends, then you should be prepared to deal with the repercussions of that. Often times these repercussions are financial, such as costing you a month or more of rent, as well as in some cases costing you your security deposit. It may also lead to derogatory and permanent remarks by on your rental record, as well as the landlord giving you a poor reference if you list them as a reference for rentals in the future. To ensure you reduce the cost of these as much as possible, re-read the terms of your initial rental agreement and try to stick to them as closely as possible. If you are breaking your lease early, make sure to include the reasons for breaking the lease early in your notice to vacate itself.

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