Notice to Vacate, What to Know about It
The notice to vacate is a crucial written documentation that should be managed between a landlord and a tenant. Unfortunately, not everyone is familiar with such a letter. But it is a good thing that there is a template that can help you with the composition. By consulting the right template, you can use the guide to write the notice.
Notice to Vacate, the Understanding
The notice to vacate is basically a written documentation or notice that is completed by the landlord or the tenant. The content is a notification about a planning to empty the premise. The notice also functions as the demand to vacate.
It is often that the notice is provided by the landlord, especially if the lease is about to end. The notice is also provided if the tenant breaks the lease because of the inability to follow through the payment or the failure to obey the regulations. In most cases, the landlord will provide 30 days so the tenant can vacate the premise.
It is quite rare for the tenant to provide the notice to vacate, but it doesn’t mean that it doesn’t happen or it has never happened before. When such a notice is provided, it is generally to inform that the tenant is planning to leave so the landlord will be able to advertise the premise so a new tenant can occupy it.
The Different Meaning
Different people have different understanding of the term. According to the regulation, the notice to vacate is the letter written by the landlord, intended for the tenant. However, when it is the other way around, it is called the notice of intent to vacate. Despite the different terms, most people understand that such a letter is generally issued between the landlord and the tenant.
The reasons for the notice to be written and issued are:
- The tenant is lack of payment or they are often late
- The contract for the lease is about to end
- The tenant fails to comply with the rental agreement terms
The Important Considerations
There are some considerations and facts that you should notice about this letter.
- Most people think that oral notification between the landlord and the tenant will be enough. However, if the problem arises, the oral notification doesn’t have any legal power. In the event that the landlord fails to provide his obligations, the tenant won’t be able to do anything. And the same thing also happens when the tenant somewhat damage the property – the landlord won’t be able to do anything.
- Those who are writing the notice should consult their legal advisor or attorney. The attorney can help with the lease agreement checking and viewing so mistakes and errors can be minimized. The smallest mistake, like the wrong date, can result in a lawsuit
In the end, don’t underestimate the task of writing the notice. It may seem unimportant and easy, but once you have to go down with it, it isn’t as easy as you think. The notice to vacate template can help but you should also make sure that the content won’t violate the law.