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How to write a notice to vacate letter

Published · Landlords and tenants

A notice to vacate is a short letter from a tenant telling the landlord the date they will move out. Give it in writing, give at least the notice your lease and local law require, and keep proof that the landlord received it.

It is not an eviction notice. A landlord who wants a tenant to leave usually has to serve a formal notice with wording and timing set by law, which this letter does not replace.

How much notice to give

Start with the lease. It usually says how much notice is needed and how it must be given, and it can require more notice than the law does.

  • Month-to-month tenancy. Many US states require at least 30 days' written notice, or one full rental period. In California, for example, a tenant gives 30 days; a landlord ending the tenancy must give 60 days if the tenant has lived there for a year or more.
  • Fixed-term lease. The lease often ends on its end date without notice, but many leases say it continues month to month unless one side gives notice first, often 30 or 60 days before the end date. Check the renewal clause.
  • Leaving before the lease ends. You may owe rent until the end of the lease or until the home is re-let. Many states require the landlord to try to find a new tenant, and some let tenants end a lease early for reasons such as military deployment or domestic violence. Ask the landlord in writing whether they will agree to an earlier date.

Time it against the rent

Some leases and local rules count the notice from the next rent due date, or require it to end on the last day of a rental period. Giving notice a few days after rent is due can then mean paying for an extra month. Put the move-out date in the letter and count the days with the deadline calculator.

What to include

  1. The date of the letter, and the landlord's name and address.
  2. The property address, including the unit number.
  3. The move-out date, and either the lease end date or the number of days' notice you are giving.
  4. Every tenant on the lease, each of whom should sign.
  5. A request for a move-out inspection, so you can fix small problems before the landlord deducts for them.
  6. How keys, fobs, garage remotes and parking permits will be returned.
  7. The security deposit amount and your forwarding address for its return. In some states, including Texas, the landlord does not have to return the deposit until the tenant gives a forwarding address in writing.
  8. Your phone number and email.

Deliver it with proof

Use the method the lease requires for notices. If it says nothing, hand the letter over and ask for a signed receipt, or send it by certified mail with a return receipt. An email or a text on its own can be hard to prove later. Keep a copy of the letter and the proof of delivery.

After you send it

  • Take dated photos and video of every room when you move in and again when you leave.
  • Clean, repair any damage you caused, and remove all your belongings.
  • Return every key and device, and get a written receipt if you can.
  • Watch for the deposit. Deadlines are set by state law: for example 21 days after moving out in California, 14 days in New York and 30 days in Texas, usually with an itemized list of any deductions. If the deposit does not arrive, send a short demand letter that quotes the deadline.

Free templates

The free notice to vacate template asks for each detail above and builds the letter in your browser. Sharing the home? A roommate agreement sets out who pays what and how much notice a roommate gives before leaving. Landlords can use the security deposit return letter and the rent increase letter, and there are more on the landlord and tenant page.

General information, not legal advice. Notice periods and deposit rules differ between states and cities and change over time; check the current rules for the property.

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