As a residential lease is about to expire, the landlord may decide to offer the tenant a chance to renew the lease or unilaterally terminate it. In the case of the latter, the landlord would send the tenant a Notice of Termination.
With this notice, the landlord also affords the tenant enough time to find a new place. If the landlord-tenant relationship is month to month, the common practice on the landlord's part is to send the Notice of Termination 30 days before the next renewal.
In the event of a fixed-term lease, the courtesy period may be longer. Check your state's laws for the specifics, especially if you live in a state with stronger regulations, as some states require a 90-day notice.
Landlords send a Notice of Termination as a standard procedure to end a current relationship with a tenant. The notice can serve as a supporting document in court in the event of an eviction procedure.
Depending on your state, a Notice of Termination may also be known as:
Landlords who would like to get their rental property back rather than renew an expiring lease agreement need a Notice of Termination to notify the tenant of the decision. On the other hand, if it is the tenant that has come to this decision, he or she could issue a Notice of Termination by Tenant.
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The landlord has to sign the Notice of Termination before delivering it to the tenant. It might also have to be signed by any party other than the landlord who is to deliver the notice to the tenant. Notarization is not required.
After printing out and signing the Notice of Termination, the landlord should arrange to have one copy delivered to the tenant and keep a copy of the document for record-keeping.
No, landlords cannot use a Notice of Termination (by Landlord) to terminate a lease before it expires, at least not without penalties.
Tenants can also choose to formally notify a landlord of their decision to vacate the rental property. They would use a Notice of Termination (by Tenant), which can be delivered in person, by mail or email, or with a shipping company.
Tenants can also choose to formally notify a landlord of their decision to vacate the rental property. They would use a Notice of Intent to Vacate, which can be delivered in person, by mail or email, or with a shipping company.
Generally, a Notice of Termination should be sent at least 30 days before the lease agreement expires. Most likely, the landlord already knows what they would like to do with the property. If they intend to rent it out to another tenant, the landlord may start their search after sending the notice. The 30-day notice is a common courtesy to allow the tenant time to find somewhere else to stay.
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