Notice of Intent to Vacate

When and How to Send a Notice of Intent to Vacate

The tenant cannot leave the rental property without any prior notice as it is required by the local laws regarding relations between rentees and renters. The need to send advance notice by one of the parties is also usually included in lease agreements. The time that needs to be given to the landlord is meant to help them find a new rentee.

The number of days that are required to send an advance letter before the intended move-out date is state-specific, but thirty days is the minimum period for notice. It means that if, for example, a tenant plans to move out before the beginning of the month, they should send to the landlord a thirty-day notice about the intended leaving, that is, by the first day of the preceding month.

In the majority of states, the notice of intent to vacate should be provided at least 30 days in advance, but in some states, local laws extend this period and require a 60-day notice (Delaware) or narrow it down to only a 7-day notice (North Carolina). How much advance notice is needed will also depend on the type of the lease (tenancy at will, month-to-month lease, year-to-year lease, etc).

The common law is that the tenant should send a letter to the mail of the landlord getting proof of receipt, but a lease agreement might also specify other methods of sending the notice to vacate letter to a landlord.

Before you mail or hand over the notice, go through this short list:

• Read your lease and look for the notice period and the delivery methods it names. Check your state’s notice period too.
• Pick your move-out date and count the days between the day the landlord gets the notice and the day you leave.
• Choose a delivery method that gives you a receipt or a written reply.
• Sign the document and keep a copy for your records.

Tips for Writing a Notice of Intent to Vacate

A notice or letter of intent seems to be easy to write, but it should be written in a certain manner to comply with local laws and the conditions of the lease.

• Ask whether your lease calls for a formal letter or accepts an email.
• Keep the notice short and about one thing only: your move-out.
• Give a forwarding address for your security deposit.
• Put the date on the letter.

Check the need for a formal letter

Even though sending a letter through certified mail is the safest option, a landlord or property manager might write in lease agreements that an email with the necessary information will be sufficient.

Be straightforward

A notice to vacate letter should serve only one purpose – letting the landlord know that the rentee plans to vacate the rental property. Any past disputes or issues should not be raised in the letter of intent to vacate.

Include the forwarding address

The landlord needs an address to send your security deposit to. You may not have a new place to live yet when you give notice. In that case, stay in touch with the landlord by email or phone after you move out, and share your new address as soon as you have it.

Add the date

Putting the date on your notice to vacate is crucial as it proves that you kept the requirements of the state and the lease agreement.

How to Fill out a Notice of Intent to Vacate

There is no standardized form of a notice of intent to vacate, but certain elements should always be included. Work through the steps below in order. Keep your lease and your landlord’s contact details next to you, and use plain, polite wording. You can also use our document builder to cover the same points.

1. Information about the tenant. Start the notice with your full name and your address.
2. Information about the landlord. Then add the landlord’s name and contact details. They should correspond to what is outlined in the lease agreement.
3. Date and purpose. Next, write the date of the notice. Then state its purpose, which is to leave the rental property on a certain date. The tenant should mention the date they want to move out, remembering that it should comply with the state’s requirements and the conditions of the lease.
4. Move out examination. Certain states require the landlord or property manager to perform an inspection of the property when tenants leave the rental unit, and the rentee has the right to be present at the examination. If it is the case, mention it in your notice and politely ask the landlord to tell you the date and time of the inspection.
5. Getting back the security deposit. Say in the notice when you expect to get your security deposit back. The period of the deposit return is governed by state laws, so the tenant’s task here is to show their familiarity with the state-required periods.
6. The forwarding address. End the notice with the address where the landlord should return it, or the rest of it if part was used to cover damages.

Finally, sign the notice and add the date next to your signature.

If you need a vacate letter template, use the document builder on this page. It walks you through each point above and gives you a document you can print and sign.

Sample Notice of Intent to Vacate

Use this sample template as a guide for the order and the tone of your own notice. Swap the example details for yours and keep it short and polite. All names, addresses and amounts in the sample are made up.

• Your name, your address and the landlord’s name and address.
• The date of the notice and your move-out date.
• Your forwarding address, phone number and email.
• The deposit amount from your lease.

From: Adam Ardis
Apartment Number 36
278 3rd Ave.
Corsicana, TX 75110

April 4, 2021

To: Cool Apartments
278 3rd Ave.
Corsicana, TX 75110

Re: Notice of Intent to Vacate

To whom it may concern,

My name is Adam Ardis, and this letter serves as my written notice of intent to vacate from the rental premises that I currently occupy. I intend to vacate by May 4, 2021, and this notice fulfills notice requirements set by Texas law and the lease agreement. My forwarding address is 8175 Vermont Dr. Kerrville, TX 78028, and if any issues or concerns come up, I can be reached at the phone number +1 (467) 555-1234 or email: adam.a@gmail.com.

I would like to schedule a move-out walkthrough inspection of the apartment during the week of the move. I believe that the apartment’s condition is satisfactory to receive the return of my full deposit of $1000, as per the lease agreement. The deposit can be sent to my new mailing address provided above.

If you have any questions, please contact me at the phone number or email listed above in this letter.

Sincerely,
Adam Ardis

Frequently Asked Questions

What Happens If a Tenant Fails to Send a Notice to Vacate?

If a tenant breaks the terms of their lease and fails to notify the landlord about their moving out in advance, such a tenant will be liable for paying rent for the full term of the lease. For instance, if a tenant who stays on a month-to-month basis sends the letter ten days before the time they want to vacate the premises instead of the necessary 30-day notice, the liability might mean paying the full month’s rent.

Can I Send a Notice of Intent to Vacate by Email?

Check your lease first. Some landlords and property managers write in the lease that an email with the necessary information is enough. If your lease does not mention email, a printed notice with proof of delivery gives you a record that the landlord received it.

What Is the Difference Between a Notice of Intent to Vacate and a Notice to Vacate?

A notice of intent to vacate comes from the tenant and tells the landlord about a planned move-out. A notice to vacate can also come from a landlord who asks a tenant to leave. A landlord’s eviction notice is a separate document, so check who is sending the notice before you pick a template.

What Should I Do After I Send the Notice?

Do these things once the notice is delivered:

• Keep a copy of the signed notice and any proof of delivery.
• Ask the landlord to confirm in writing that it arrived.
• Take photos of each room before you move out, and clean the unit.
• Return the keys as the landlord asks.
• Tell the landlord your new address if it changes.

What If I Change My Mind After Sending the Notice?

Talk to your landlord as soon as you can. Ask in writing whether you can stay, and keep the reply. Your lease type, such as month to month or a fixed term, and the landlord’s plans for the unit affect what is possible. Wait for a yes in writing before you change your plans.

General information, not legal or tax advice.

Jennifer M. Settles

Author & Attorney

With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.