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Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Creating a notice to vacate is an essential step that must be taken by both tenants and landlords when ending a lease, providing legal protection for both parties. This document informs the tenant of the agreement to terminate the lease and serves as a reminder for them to make arrangements to move out of the premises by a stated date. It also provides evidence should any disputes arise regarding obligations or rights between tenant and landlord.

When crafting this legal document, certain requirements must be met in order for it to be legally binding. These include providing the date and address of termination, specifying reasons for terminating the lease, signing from both parties, as well as ensuring that all parties understand their rights and obligations before vacating. To this end, The ������Ƶ team and its expansive community template library provide free resources designed to help ensure these requirements are met without requiring any experience or expertise in law - just follow our simple step-by-step guide below.

Finally, having access to accurate market-standard notice templates can aid in avoiding potential disputes between tenant and landlord down the line; something especially pertinent considering recent restrictions on unauthorised companies selling insurance products within Saudi Arabia coupled with moves towards making having insurance more of a requirement there.

At ������Ƶ we strive for clarity when it comes to creating notices to vacate; no accounts required - just read on below how you can get expert guidance today on how best create your own notice!

Definitions

Notice to Vacate: A legal document that informs a tenant that they must vacate a rental property on or before a specified date.
Non-payment of rent: Failing to pay rent on time.
Violation of lease agreement: Breaking any of the rules in the agreement between the tenant and landlord.
Health or safety hazard: A situation that may be dangerous to the health or safety of the tenant or others.
Major renovation or demolition: Significant construction or destruction of a property.
Owner or family member occupancy: When the owner of a property or their family intends to occupy the property.
Change in the rental term: When the landlord alters the conditions of the lease.
In-person delivery: Delivering a document directly to the recipient.
Certified mail delivery: Sending a document through the mail with proof of delivery.
Delivery to alternative address: Delivering a document to an address other than the recipient’s residence.
Vacation of premises: Leaving a rental property.
Payment of rent/fees: Paying the rent or other fees due.
Return of security deposit: Returning a deposit to the tenant after they have vacated the property.
State-specific laws: Legal regulations that vary from state to state.
Required language in the notice: Words that must be included in a notice for it to be valid.
Unlawful detainer: A legal action taken to evict the tenant and reclaim the rental property.
Tenant eviction lawsuit: A legal action taken to evict the tenant and reclaim the rental property.
Grace period: An extra period of time allowed for the tenant to vacate the premises.
Verifying the tenant’s identity: Checking that the notice is being delivered to the correct tenant.
Keeping a copy of the notice: Retaining a copy of the notice for legal records.
Making sure the tenant is aware of their rights: Ensuring that the tenant knows their legal rights and the process to follow.

Contents

1. Overview of the notice to vacate process
2. Reasons for issuing a notice to vacate
3. Non-payment of rent
4. Violation of lease agreement
5. Health or safety hazard
6. Major renovation or demolition
7. Owner or family member occupancy
8. Change in the rental term
9. What information must be included in the notice
10. Date of notice
11. Date of termination
12. Reason for termination
13. Contact information for landlord/property manager
14. How to format the notice
15. Use of a standard form
16. Types of font to use
17. Size of font
18. Line spacing
19. When to serve the notice
20. Timing of notice
21. Expiration date of notice
22. How to serve the notice
23. In-person delivery
24. Certified mail delivery
25. Delivery to alternative address
26. What happens after the notice is served
27. Vacation of premises
28. Payment of rent/fees
29. Return of security deposit
30. Legal requirements for a valid notice to vacate
31. State-specific laws
32. Required language in the notice
33. What to do if the tenant does not vacate
34. Filing of an unlawful detainer
35. Filing of a tenant eviction lawsuit
36. Common issues to consider when creating a notice to vacate
37. Allowing for a grace period
38. Verifying the tenant’s identity
39. Keeping a copy of the notice
40. Making sure the tenant is aware of their rights

Get started

Overview of the notice to vacate process

• Understand the relevant laws and regulations regarding the notice to vacate process in your state or local jurisdiction.
• Familiarize yourself with the terms and conditions of the lease agreement.
• Check to see if there are any other applicable laws or regulations that could affect the notice to vacate process.
• Check to see if any special rules or circumstances apply to the particular situation.
• Determine the best course of action to take in order to issue a notice to vacate.
• When you have completed all of the above steps, you can move on to the next step.

Reasons for issuing a notice to vacate

• Identify the tenant’s lease violation(s).
• Review relevant state law and any applicable lease terms.
• Determine if the tenant’s lease violation(s) warrants the issuance of a notice to vacate.
• If the tenant’s lease violation(s) warrants the issuance of a notice to vacate, draft the notice and serve it to the tenant.

Once you have identified the tenant’s lease violation(s) and reviewed relevant state law and any applicable lease terms, you can check this off your list and move on to the next step.

Non-payment of rent

• Review tenant’s payment history to determine if rent has been paid on time
• If rent is delinquent, calculate the amount of unpaid rent
• If the tenant is behind on rent, inform the tenant of the amount of rent owed in writing
• Provide the tenant with a deadline to pay the rent in full
• If the rent is not paid in full by the deadline, proceed with issuing a Notice to Vacate
• Once the tenant has been informed of the delinquent rent and the notice to vacate has been issued, this step can be checked off the list and move on to the next step (Violation of lease agreement)

Violation of lease agreement

• Review your lease agreement to determine which clauses the tenant has violated.
• Document any violations, such as noise complaints, unauthorized occupants, or damage to the property, and the dates the violations occurred.
• Notify the tenant of the lease violation in writing, and provide the tenant with a grace period to remedy the violation.
• If the tenant fails to remedy the violation, follow the procedures laid out in the lease agreement for eviction.

You will know you can check this off your list when you have documented the violation, notified the tenant in writing, and followed the procedures laid out in the lease agreement for eviction.

Health or safety hazard

• Contact your local health or safety department to determine if the property is violating any health or safety codes.
• Schedule an inspection with the health or safety department to determine if any violations exist.
• If violations exist, the health or safety department will work with the tenant to resolve them.
• If the tenant does not comply with the health or safety department’s orders, the landlord can take legal action to enforce them.
• Once the health or safety violations have been remedied, the landlord can check this step off the list and move on to the next step.

Major renovation or demolition

• Determine whether the landlord or tenant is responsible for the cost of the major renovation.
• Compile a list of all the necessary permits required for the renovation.
• Secure bids from contractors and obtain estimates for the renovation.
• Draft a notice to vacate that explains the reasons for eviction, including the need for a major renovation.
• Serve the notice to vacate to the tenant, either in person or by certified mail.

You will know you can move on to the next step when the notice to vacate has been served to the tenant.

Owner or family member occupancy

• Determine who will be occupying the rental unit.
• Include the names of each occupant in the notice.
• If the occupants are family members, provide proof of relationship, such as a copy of a birth certificate.
• When you have completed all necessary information for the notice, you can move on to the next step.

Change in the rental term

• Determine the minimum notice period required by your state’s laws. This is typically either 30 or 60 days.
• Decide on the date the tenant must vacate the property. This should be at least the number of days required by law, but may be longer depending on the terms of the lease.
• Include the date the notice was issued, the date the tenant must vacate the property, and the address of the rental property.
• Sign and date the notice.

Once you have determined the required notice period, decided on the date the tenant must vacate the property, and included the relevant information in the notice, you can move on to the next step.

What information must be included in the notice

• Date the notice is being issued
• Tenant’s name
• Property address
• Reason for vacating the property
• Date of vacating the property
• Landlord’s signature

You’ll know when you have completed this step when you have all the information listed above.

Date of notice

• Calculate the date you want the tenant to vacate the premises.
• Specify the date of the notice in the body of the notice, as well as in the heading.
• Make sure the date of the notice is at least 30 days prior to the date you want the tenant to vacate the premises.
• Once the notice is dated, you can check this step off your list and move on to the next step.

Date of termination

• Determine the date of termination. This should be the date that the tenant must vacate the property.
• Ensure that the date of termination is in compliance with the applicable state or local laws.
• Include the date of termination on the Notice to Vacate.
• Once you have included the date of termination on the Notice to Vacate, you can check this step off your list and move on to the next step.

Reason for termination

• Determine why the tenant is being asked to leave the rental property, such as the lease has expired, the tenant has failed to pay rent, or the tenant has violated the lease agreement in some way
• Write a notice to vacate that includes the reason for the termination and the date of termination
• Make sure to keep a copy of the notice for your records
• When you have completed writing the notice and have included the reason for the termination, you can check this step off your list and move on to the next step.

Contact information for landlord/property manager

• Gather the contact information for your landlord or property manager. This should include their name, address and phone number.
• If you are not sure who your landlord or property manager is, you can look them up online or contact your local housing authority to find out.
• Make sure you have all the necessary contact information before you move on to the next step.

How to format the notice

• Make sure that the notice is written on a single sheet of paper and includes the date when it will be served
• Include your name, the landlord/property manager’s name, the address of the rental property, and the date you will be vacating the property
• The notice should be written in a clear, concise manner and should state your intention to vacate the property
• Sign and date the notice
• Add a delivery method, such as email, mail, or hand-delivery
• When you have completed the above steps, you can move on to the next step in the guide: ““Use of a standard form””.

Use of a standard form

• Decide if you need to use a standard form notice to vacate, or if you will create your own.
• If using a standard form, you can find one online or purchase one from a legal stationery store.
• Make sure the form is up-to-date, and that it complies with the relevant state laws.
• Check that all the necessary information is included in the form.
• Once you have the form filled out, sign and date it.
• You can check this step off your list once you have the necessary form filled out, signed and dated.

Types of font to use

• Use a professional, easy-to-read font like Times New Roman or Arial throughout your Notice to Vacate
• Avoid using any decorative or creative fonts, as these are more difficult to read
• Make sure the font is in a size that is easy to read (usually 12 point)
• When you have selected a font and size that is easy to read, you can check this step off your list and move on to the next one.

Size of font

• Choose a font size that is legible and appropriate for the document.
• Font sizes that are generally accepted for formal documents include 10-12 points.
• Make sure the font size is consistent throughout the entire document.
• Once you have chosen an appropriate font size for the document, you can move on to the next step.

Line spacing

• Select the font size for your notice to vacate.
• Set the line spacing of your document to ““double””.
• This can usually be done in the ‘Paragraph’ section of your document’s settings.
• Make sure to save your document after changing the line spacing.
• Once you have set the line spacing to double, you can check this step off your list and move on to when to serve the notice.

When to serve the notice

• Serve the notice on the first day of a rental period, usually the first of the month
• You can serve the notice up to three months in advance of the end of the rental period
• You should also check your state and local laws on notice to vacate requirements
• When you have served the notice, make sure you keep a copy for your records
• You will know this step is completed when you have served the notice and have kept a copy for your records.

Timing of notice

• Calculate the number of days of notice required according to state or local law.
• Serve the notice at least the minimum number of days before the tenant’s next rent payment is due.
• Make sure the notice is dated correctly and includes the tenant’s name and address.
• Send the notice to the tenant by certified mail, return receipt requested.

How you’ll know when you can check this off your list and move on to the next step:

• You can check this off your list and move on to the next step once you have served the notice to the tenant according to the timing required by law.

Expiration date of notice

• Determine the last day a tenant is allowed to stay in the rental unit.
• The date should be determined based on the state-mandated notice period.
• For example, if the notice period is 30 days, the expiration date should be 30 days after the day the notice is served to the tenant.
• Make sure to double-check the state-mandated notice period to ensure the expiration date is correct.
• Once the expiration date is determined, you can move on to the next step.

How to serve the notice

• Serve the notice in person to the tenant or post the notice at the property and deliver a copy to the tenant.
• If posting the notice, use a method that provides proof of delivery.
• Track delivery of the notice to ensure it is served by the expiration date.
• Check off this step when the notice has been delivered or posted.

In-person delivery

• Visit the tenant at their residential address in person to deliver the notice
• Ensure the tenant is present and hand them the notice
• Sign the notice as proof of delivery
• Obtain a signature and date from the tenant acknowledging receipt of the notice
• When the tenant has signed, you can check this step off your list and move on to the next step of sending the notice via certified mail.

Certified mail delivery

• Purchase a certified mail envelope from the post office
• Write out the Notice to Vacate on a separate document
• Carefully insert the document into the certified mail envelope
• Seal the envelope and address it to the tenant
• Drop the envelope off at the post office, with the correct amount of postage
• You will receive a receipt with a tracking number, which you can use to ensure the tenant receives the letter
• Once the Notice to Vacate is successfully delivered to the tenant, you can check this off your list and move on to the next step.

Delivery to alternative address

• If the tenant is not present at the rented residence, you can deliver the notice to an alternative address, such as the tenant’s workplace or another address they have provided.
• Make sure to note the date and time of delivery, as well as the name of the person who accepted the notice.
• You can also opt to use a process server to deliver the notice, which will provide you with a receipt of delivery.
• Once the notice is delivered, you can check this step off your list and move on to the next step.

What happens after the notice is served

• Wait for the tenant to vacate the premises within the time period stated in the Notice to Vacate
• If the tenant does not vacate, you may then proceed with an eviction action
• Monitor the premises to make sure the tenant has left the property
• Once the tenant has vacated, check off this step and proceed to the next step, Vacation of premises.

Vacation of premises

• Give the notice to the tenant in person, or send it by certified mail, return receipt requested
• Take a photo or scan of any paperwork or receipts associated with the delivery of the notice
• Wait for the tenant to vacate the premises or receive a response from them
• Check off this step when the tenant has vacated the premises or a response has been received.

Payment of rent/fees

• Pay your rent or fees in full before the deadline specified in your notice to vacate.
• If you cannot pay in full, contact your landlord to arrange for an alternate payment plan.
• You can check this step off your list once all rent or fees have been paid in full or an alternate payment plan has been agreed upon between you and your landlord.

Return of security deposit

• Verify with your landlord the full amount owed for the security deposit that you are due
• Contact your landlord to arrange a time to return the keys and receive the security deposit refund
• Upon returning the keys, ask your landlord to provide a receipt for the security deposit refund
• Ensure that your landlord has returned the entire security deposit owed to you

Once you’ve verified that the full amount of the security deposit has been refunded and you have a receipt, you can check this off your list and move on to the next step.

Legal requirements for a valid notice to vacate

• Review the state laws in your area to ensure you are providing the required minimum notice period for a valid notice to vacate.
• Read your lease agreement to ensure you are providing the required notice period for your specific situation.
• Check your local ordinances to ensure you are providing any required notice period.
• Draft the notice to vacate and include the required information.
• Ensure the notice to vacate is signed and dated.
• Deliver the notice to vacate to the tenant(s).

You can check this off your list once you have reviewed the applicable laws, drafted the notice to vacate, and delivered it to the tenant(s).

State-specific laws

• Check the state laws for your jurisdiction to ensure you comply with all legal requirements for a valid notice to vacate
• Be sure to follow the specific timeline for a notice to vacate outlined in the state laws for your jurisdiction
• Familiarize yourself with any additional requirements in your state for a valid notice to vacate, such as the use of specific language or specific form
• You may need to include a statement in the notice that outlines the consequences if the tenant does not comply with its terms

You can check this off your list once you have fully familiarized yourself with the laws in your jurisdiction that apply to a valid notice to vacate.

Required language in the notice

• Research your state’s notice to vacate laws to determine the required language for your notice
• Include the date of the notice, the name and address of the tenant, the amount of notice required, and the date that the tenant must vacate the property
• If the tenant has violated the rental agreement, include the specific clauses that they’ve violated
• Make sure to sign, date, and deliver the notice to the tenant
• Once you have sent the notice, you can check this off your list and move on to the next step.

What to do if the tenant does not vacate

• Serve the tenant with a written notice to vacate the premises.
• Make sure the notice is served according to the applicable state laws.
• If the tenant does not vacate within the required timeframe, you can file an unlawful detainer against them in the appropriate court.
• You may also need to provide a written notice of eviction to the tenant, depending on the state.

Once the notice to vacate has been served and the tenant has not vacated within the required timeframe, you can check this step off your list and move on to filing an unlawful detainer.

Filing of an unlawful detainer

• Draft an unlawful detainer and have it properly served on the tenant by a process server
• Make sure to include a copy of the initial notice to vacate, a copy of the lease agreement and any other relevant documents
• File the unlawful detainer with the court
• Wait for a court date
• You’ll know this step is complete when you have successfully filed the unlawful detainer and have a court date scheduled.

Filing of a tenant eviction lawsuit

• Prepare a complaint that outlines the reasons why you are seeking to evict the tenant, such as non-payment of rent, material violation of the rental agreement, or other causes
• Include a summons form and proof of service form with the complaint
• File the complaint and summons form with the court
• Serve the tenant with the complaint and summons form
• Once the tenant has been served, the tenant has five days to respond to the complaint
• After the five day period has passed, you will be able to file a motion for a default judgment
• Once the motion for a default judgment has been granted, the court will issue an order for the tenant to move out of the property
• You will know that you have completed this step when you have filed the complaint and summons form with the court and served the tenant with the complaint and summons form.

Common issues to consider when creating a notice to vacate

• Determine the cause for the eviction: Is it due to non-payment of rent, breach of the rental agreement, or another cause?
• Establish the timing for the tenant to leave: Include the exact date and time when the tenant must leave the premises.
• Give the tenant a chance to fix the issue: If the tenant is being evicted for breaking the rental agreement, state that they can avoid eviction if they fix the issue within a certain period.
• Provide a grace period: Allow the tenant a certain amount of time to move out after receiving the notice.
• Notify the tenant in writing: Create a written notice of the eviction and deliver it to the tenant’s address.

Once you have considered these points, you can move on to the next step.

Allowing for a grace period

• Check your state laws to see if you need to provide a grace period before the tenant must vacate.
• If necessary, add the grace period to your notice. Make sure the language is clear and concise so that the tenant knows exactly when they must vacate.
• When you are finished, double-check that the grace period is included and is accurate.
• Once you have verified that the grace period is included and accurate, you can check this off your list and move on to the next step: verifying the tenant’s identity.

Verifying the tenant’s identity

• Contact the tenant either in person or by phone, and ask them to provide valid identification such as a driver’s license
• Ask for a signature on a document that states the tenant’s identity
• Check the signature against the valid identification
• Once you have verified the tenant’s identity, you can check this task off your list and move on to the next step.

Keeping a copy of the notice

• Make a copy of the notice to vacate, including a signature from the tenant, if applicable.
• Ensure that the copy of the notice is stored in a secure location.
• When you have completed this step, you will have a copy of the notice to vacate.

Making sure the tenant is aware of their rights

• Provide the tenant with a copy of their local state tenant rights, or direct them to a reliable source where they can access that information.
• Make sure the tenant is aware of their rights to the property, such as the right to dispute the notice and their right to a refund of their security deposit.
• Make sure the tenant is aware of the amount of time they have to vacate the premises, and the consequences for not doing so.
• Once the tenant has been informed of their rights and obligations, the step is complete and you can move on to the next step.

FAQ

Q: Is the Notice to Vacate a legal document?

Asked by Emma on November 15th 2022.
A: Yes, a Notice to Vacate is a legal document. It is an important tool in the eviction process, and should be drafted correctly according to the applicable laws in your jurisdiction. Depending on where you are located, there may be specific requirements for the Notice to Vacate and