Notice of Intent to Vacate

A notice of intent to vacate is a letter used by a tenant to let their landlord know that they do not plan to renew the lease at the end of the lease term and will be vacating the premises. This letter can be used by both residential and commercial tenants. By using this letter to provide their landlord with appropriate notice, the tenant can ensure a harmonious and smooth transition out of the lease and can increase their chances of having their security deposit returned.

What is the difference between a notice of intent to vacate and a termination of tenancy letter?

Though both documents are used to end a rental relationship, they are used at different points in time. The notice of intent to vacate is used by a tenant who wants to leave a rental property at the end of the lease. If a tenant would like to leave a property prematurely before their lease is due to end, they should use a termination of tenancy letter.

What is the difference between a notice of intent to vacate and an eviction notice?

Different parties use these documents. The notice of intent to vacate is used by the tenant to alert a landlord that they will be leaving. The eviction notice is used by a landlord to let a tenant know that they are ending the tenancy.

Is it mandatory to use a notice of intent to vacate?

Yes, it is mandatory to use a notice of intent to vacate. The specifics vary depending on the terms of the lease and state law. However, if a tenant would like to vacate a property once the lease has ended, they must provide their landlord with a certain amount of advance notice, usually 30, 60, or 90 days. If the tenant does not provide this advance notice, once the original lease ends, the lease may automatically renew, typically for a month-to-month period.

What must a notice of intent to vacate include?

A valid notice of intent to vacate must contain at least the following mandatory clauses:

What should be done once the notice of intent to vacate is finished?

Once this notice is completed with all the relevant information, the tenant can save a copy for their records and send an original signed copy to the landlord by certified mail. Using certified mail allows them to have a record that written notice was sent and received in case of any future dispute.

Which laws are applicable to notices of intent to vacate?

Matters related to lease agreements are generally subject to the law of individual states. Different states have different requirements about the amount of notice a tenant must provide before declining to renew a lease and moving out. However, nearly all states require that some form of written notice be given to the landlord before vacating the premises.

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