The Ins and Outs of Lease Termination by Tenant
For a variety of reasons, tenants must know how to terminate or end their lease. Of course, landlords also need this information, as lease terminations are, amongst other things, the first step in the eviction process. There are some common reasons for lease termination, many of which are governed by law. For instance, many states have rules regarding lease termination due to domestic violence (unfortunately, domestic violence is far too common). They also have rules when tenants are called into military service, which is a Federal requirement. Some tenants are fortunate enough to secure a rental unit that is simply not working out. The landlord has not violated the lease, but the unit or the neighborhood is just not a good fit . Lease violations are another common reason why tenants terminate their lease. In short, a tenant may end their lease early if the landlord has not lived up to his or her obligations under the lease. However, while tenants certainly have rights to end a lease, they may not unilaterally choose when to move out. Most leases have a termination requirement or notice period. If the lease ends on July 1, the tenant cannot simply abandon the apartment on May 1. In short, they need to give notice at the appropriate time. Moreover, in most states, there are rules that govern ending a lease early due to a violation. Tenants have to follow those rules or be subject to the above-mentioned notice period.
Key Items to Include in a Lease Termination Letter
The letter should include the following:
Tenant Information
Renting persons name, address, and telephone number should be included in the upper left-hand section of the letter (if using a pre-printed form, then this will be located on the top left of the form). Include any other persons’ names that may be listed in the lease agreement as "Additional Tenants."
Lease Information
The letter should identify the type of lease and the date of occupancy, the address of the premises, the name of the landlord, and the address where rent was mailed or paid. (Note: When vacating an apartment, you will want to provide the information to the address to which rent was paid, as well as the new address at which you can be reached.)
Date of Termination
The day you want to go about separating yourself from the rental obligation.
Legal Requirements and Notice Deadlines
The legal requirements for notices of termination, including both the length of any notice period required and the information that must be contained in such a notice, vary across jurisdictions and lease types. In the commercial context, rather than specify a fixed period, most courts will give deference to the terms set out in the lease. If not specified, courts will look to the relevant statute for guidance.
For residential leases, the law requires a minimum period of notice before the tenant is permitted to vacate the premises and the amount of notice required is usually dependent upon the rent payment period. For example, if rent is paid weekly, notice is usually required at the same frequency. However, if rent is paid monthly, a minimum of 30 days’ notice will generally be required.
In addition to notice requirements, the law places restrictions on the use of notices of termination, such as prohibiting a lessor from sending a notice of termination until the end of any grace period (a clause in the lease that permits the tenant to cure a default without penalty) or the time for the tenant to remedy a defect in the performance of the lease.
How to Write a Strong Termination Letter
Use a polite, professional tone in your lease termination letter. A formal approach sets a constructive tone for future correspondence with your landlord.
When preparing to terminate a lease, do your best to avoid allowing it to become contentious or emotional. The best approach is to maintain a clear and focused argumentative tone that relies on the specific lease agreement as the basis for your actions. Doing so will make it less likely that your landlord will respond with hostility.
Keep the letter brief and to the point . Take care to review your lease agreement. You may find that you’re required to deliver formal notice to your landlord a minimum number of days prior to the end of your lease term. Delivering notice ahead of your deadline demonstrates consideration and may even act in your favor if there is any dispute about the termination of your lease.
Avoid being apologetic or confrontational in your termination letter. Neither emotion is in your best interest when communicating formally with your landlord.
Getting a Lease Termination Letter to Your Landlord
Three methods are commonly used to deliver a lease termination letter from a tenant to a landlord: delivery in person to the landlord or property manager, mailing the letter via certified mail, and emailing the letter to the landlord or property manager.
While all three methods of termination letter delivery are generally acceptable, it is a good idea to follow up your telephone termination notice with a written termination letter to your landlord in order to establish the date of your termination notice, as well as provide a reliable record of the tenant’s notice of termination in case of future disputes. The proper method for delivering your termination notice to your landlord or property manager will depend on the specific requirements imposed by your lease, as well as the state where your property is located.
As a general rule, check your lease for any provisions governing lease termination. Some leases may specify a particular method for submitting a termination notice, so be sure to comply with these terms when submitting your notice. If your lease does not include specific instructions for lease termination, you may deliver your letter in the same manner that you would pay your rent or report repairs, as long as your landlord or property manager regularly receives and reviews notices delivered through that means. It is usually best to deliver your termination letter in writing, rather than over the telephone or through an oral termination notice.
It is also important to confirm the receipt of your termination notice. Request a copy of your termination letter bearing the signature of the landlord or property manager to confirm that they have received and reviewed your termination notice. Keep in mind that if you end up moving out and do not receive a final accounting of your security deposit, you may want to be able to prove that you properly terminated your lease.
What to Expect After Issuing a Termination Letter
After sending your Letter of Intent to Vacate, there are several important tasks you should begin to consider. It is important to check the move out date and understand that penalties can apply if you do not move out by that move out date. You can begin to reach out to your landlord to schedule an inspection date and time. Your landlord is required by law to give you at least one week notice of the inspection – this is intended to make sure that your privacy rights are respected.
We have some suggestions for the move out inspection. You should take before pictures of all of the rooms . In case of a dispute, you will be able to show the condition of the premises and will be able to rebut any false assertions by your landlord about you. You will also want to get estimates from professionals or itemize the cost of cleaning materials for everything in the apartment with receipts. Many tenants have received deductions from their security deposit because they claimed they spent hours with a vacuum cleaner but did not provide for example, an estimate from a carpet cleaning company that a professional cleaning was necessary.