Notice To Vacate Form FAQs
1) When is a notice to vacate needed?
A notice to vacate is needed to communicate the need to vacate the property by a specific date, whether it’s from a landlord to a tenant or vice versa. In most states, landlords are required by law to provide tenants with notices to vacate that include the move-out date, the reason they are asking the tenant to vacate, and other logistical next steps. Landlords may include a clause in their leases requiring a tenant to send a notice to vacate should they want to move out. If tenants don’t abide by that clause, they could face financial repercussions.
2) What are the different types of notices to vacate?
When a landlord sends a notice to vacate to a tenant, they can use either cause or no-cause notices. A notice to vacate with cause specifies that a condition of a lease has been violated, such as failure to pay rent, while a notice to vacate without cause is typically used if the landlord wants to update the property or move in themselves. Many states have tenant protections in place that prevent landlords from unlawfully serving notices to vacate.
Though it is less common, a tenant can also send a notice to vacate to a landlord. They may decide to vacate the property if it becomes uninhabitable due to critical problems like severe pest infestations, lack of hot water, or electrical problems. A tenant may also send a notice to vacate if they choose to seek other housing for any reason.
3) How do you format a notice to vacate?
You can use this free template to format your notice to vacate. In general, you’ll want to include your name, contact details, and the property address, followed by a statement that includes the reason for vacating, the timeline for doing so, how logistical issues like key returns will be handled, and more. Jotform’s free template lays this out for you, so all you have to do is customize it and go.
4) How do I send a notice to vacate?
As a landlord, you can deliver a notice to vacate by sending it via certified mail or by delivering the letter in person, either giving it to the tenant directly or posting it in a visible place on the property, then mailing a copy to the tenant as well. When the tenant gives the notice to vacate to the landlord, it may be sufficient to send the notice by email, depending on the terms of the lease.
5) Is a notice to vacate with cause the same as an eviction notice?
No. A landlord delivers a notice to vacate with cause when a tenant has violated the rental agreement — such as failing to pay rent, subletting the property without permission, having unauthorized guests or pets, and more. This type of notice must list the cause or reason for vacating and, in most circumstances, give the tenant a timeline to correct the infraction. Requirements vary by state, but the notice to vacate with cause is the first step in notifying tenants that the landlord is terminating their lease and that they must vacate the property by a certain date.
On the other hand, a tenant receives an eviction notice when they remain at a property after their lease has been terminated or they’ve received a notice to vacate. An eviction is a court-ordered removal of a tenant from a property by a certain date, and if the tenant still refuses to vacate after being evicted, they can face legal repercussions.
6) Can notices to vacate be rescinded?
The rules for rescinding notices to vacate vary by state. In most cases, a notice to vacate can only be rescinded by either the tenant or landlord with the consent of both parties. If a landlord gives a tenant a 30-day notice to vacate, the tenant may be able to persuade the landlord to rescind it within that timeframe and vice versa — but both parties must agree to the resolution.
