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What is a notice to vacate?

A notice to vacate is used to notify tenants that they are being evicted or might be evicted if immediate action is not taken. 

When to use a notice to vacate

  • Late payment or non-payment of rent.
  • The tenant has violated the terms of the lease agreement.
  • You want to formally notify your tenant that they must resolve a lease violation within a certain amount of time or else they will be evicted from the property.
  • Your tenant has remained on the property after the lease term has ended or after you notified them that you are ending their tenancy.

Complete a notice to vacate in three easy steps

  1. 1. Determine the Grounds for Eviction

    Most states require you to provide reasons for evicting your tenant, such as nonpayment of rent or violation of the terms of the lease.

  2. 2. Complete Our Notice to Vacate Form

    Provide detailed information about the rental property, including the full address, the name of the tenant, and the date that the lease was signed.

  3. 3. Send the Notice to Vacate to the Tenant

    The service of a notice to vacate officially commences the legal eviction process. Depending on your jurisdiction, you may be able to send the notice to vacate by delivering it personally to the tenant, posting it to the tenant’s door, or delivering it by certified mail.

What kinds of notices to vacate are there?

There are three main types of notices to vacate. Note that while these notice periods differ slightly from state to state, they generally follow these three examples:

  • A 3-day notice to vacate  may be used to terminate a tenancy when the tenant has failed to pay rent, violated provisions of the rental agreement, is utilizing the property for an illegal purpose, has caused damage to the property, or has created a nuisance.
  • A 30-day notice to vacate may be used to terminate a tenancy of a residential property that has been in duration for less than one year.
  • A 60-day notice to vacate may be used to terminate a tenancy of a residential property that has been in duration for more than one year.

Additionally, certain circumstances require specialized notices to vacate. For example, if a tenant's rent is subsidized, then a longer notice to vacate must be given. As state and city laws vary, it is important to understand the laws in your area. 

Elements of a notice to vacate document

Reason for eviction: LegalNature’s notice to vacate form builder will guide you through selecting the appropriate reason for eviction and include the appropriate notice period options.

Notice period: Landlords must adhere to state-mandated minimum notice periods.

Tenant response timelineClearly state the time allowed for tenants to: a) remedy any violation (if applicable), or b) vacate the property.

Serving the notice: Each state has different rules that landlords are required to know and follow. LegalNature’s form includes a Proof of Service page that helps landlords prove that their notice was properly served. While optional in many states, we recommend that landlords always use it.

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