A notice to vacate letter is written by the landlord to the tenant, while a notice of intent to vacate is written by the tenant to the landlord. Here are sample letters of both types of notices to vacate.
Landlords often face problems while leasing their property to tenants. Similarly, tenants may also be dissatisfied with the rental premise and may wish to change their accommodation. Here are two instances where a notice to vacate is used, either by the landlord or the tenant:
Notice to Vacate: This notice is written by the landlord to a tenant, who is either reaching the end of the lease or defaulting the terms of the lease agreement.
Notice of Intent to Vacate: Such a notice, is given by the tenant to the landlord and states the desire to vacate the rental property
A notice to vacate gives a 30/60/120 days notice period to the tenant to vacate the rental property, while providing him with sufficient time to search for a new home. A notice to vacate also helps get rid of troublesome tenants who refuse to vacate. The notice to vacate is a legal document which can be presented during eviction proceedings. On the other hand, when a notice of intent to vacate is given by the tenant, the landlord is given enough time to search for a new occupant. Therefore, in the former case, the tenant is not rendered homeless, while in the latter case, the landlord does not lose a month’s worth of rent.
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Notice to Vacate – In Case of Multiple Defaults
Date: _______ Tenant’s Name, Dear Tenant, Subject: Notice to vacate for destruction of rental property. Kindly consider this letter as a written notice to vacate the rental apartment located at (mention the complete address), within 30/60/120 days. The notice period shall begin from the day this notice is received by you. Note: Landlords may also use a notice to vacate template that provides multiple default options. The appropriate boxes must be ticked so as to inform the tenant about the grounds on which he/she is being asked to vacate the rental property. The tenant has been asked to vacate the residence because: You are requested to search for a new place during the period of notice and vacate the rental premise on (specify the exact date). You must handover the apartment keys to me as soon as you vacate. Sincerely, Signature |
A much simpler template can be used in cases, where the default committed by the tenant requires to be elaborated in the notice to vacate, so as to avoid any loopholes and ambiguity.
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Notice to Vacate for Failure to Pay Rent
Date: _______ Tenant’s Name, Dear Tenant, Subject: Notice to vacate for defaulting to pay the rent. As per the terms of the lease agreement, you are required to pay the rent on or before the 03rd of every month. However, you have defaulted in paying the rent for the rental property located at (mention the complete address of the rental property). You have failed to pay the rent for the month of June and July, which brings your arrears to $ ______, which include late charges of $ ______ for each month of nonpayment. You are thus, being asked to vacate the rental property within the next 30 days. A Landlord & Tenant Complaint shall be filed against you in case you do not move out of the rental property by the end of the notice period. As mentioned in the lease agreement, in case of eviction proceeding, the cost of such proceedings and the attorney fee shall be borne by the tenant. Sincerely, Signature |
As mentioned earlier, tenants are free to vacate the rental premise as long as they provide their notice of intent to vacate to the landlord within the appropriate time frame.
| Date: _______ Tenant’s Name Address Line 1 Address Line 2 City, State Landlord’s Name/Property Manager/Management Company Dear Landlord, Subject: Notice of intent to vacate This notice constitutes our intention to vacate our rental apartment located at (mention the complete address). The Lease/Rental Agreement states that, the security deposit paid by us shall be returned after accounting for damages and handing over of the rental property. We take this opportunity to state that we have taken all possible measures to ensure that the apartment is found clean and undamaged. Our Lease/Rental Agreement also states that, once we have notified the landlord/manager about our intent to vacate, we shall be required to pay the monthly rent of ($ _____) until the end of the 30/60 days notice period as agreed by us. We shall be glad to show the apartment to prospective tenants. Alternatively, the landlord/manager may carry out the viewing of the apartment as well, provided we are informed in advance. Please inform us in case you receive any of our letters, greetings, or subscriptions, when we’ve moved into our new residence. My forwarding address shall be (mention your new address). (Optional) Thanking You, Signature |
| Date: _______ Tenant’s Name Address Line 1 Address Line 2 City, State Landlord’s Name/Property Manager/Management Company Dear Landlord, Subject: Notice of intent to vacate This letter constitutes my intention to vacate my rental apartment located at (mention the complete address). Please consider this letter as my 30/60 day notice to vacate. I shall be vacating my rental apartment on (specify the exact date). I wish to vacate the apartment because (mention the reason)/since my current lease is about to expire on (specify the exact date). I would also like to claim the security deposit of ($_____) paid by me on (specify the date of signing the lease). Given that the apartment is in good condition, please inform me in case there are any deductions and the reason for the same. You may check the apartment at any time during the notice period, as long as I am informed in advance about the impending visit. Please inform me in case you receive any of my letters or subscriptions. My forwarding address shall be (mention your new address). (Optional) Thanking You, Signature |
A notice to vacate must always be hand-delivered in front of a third party (witness) or mailed through registered post, so that there is substantial proof that the notice was received by the defaulting party.
