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HomeRent your propertyNotice to vacate

Learn more about Notice to Vacate

The Notification to Vacate is a formal notice issued by the tenant to his landlord informing him of his decision to terminate the Lease Agreement for a variety of reasons. The tenant has the right to cancel your lease at any time. If the renter wishes to recover his security deposit, he must comply with the notice time and present a compelling cause for violating the contract. In the case of a default by the owner, Themis Partner provides you with a model of tenant breach of contract. Our legal team is also available to you to write a letter tailored to your situation, giving you the legal right to reclaim your deposit. Finally, with our assistance, you may be able to avoid any potential legal action from your landlord.

Table of contents


What is a Notice to Vacate Letter?

A Notice to Vacate is a written statement or formal letter delivered by a tenant to a landlord or property management announcing their plan to quit and terminate their rental agreement by a specific date. Most leases demand a Notice to Vacate letter with a move-out date.

Even if rental agreements have an official expiration date and frequently demand sufficient notice, you must send a notice to quit letter. When you initially sign a lease, double-check the lease term and rental agreement for the rental property, and mark this day in your calendar so you don’t forget.

When is an eviction notice necessary?

Notices to quit are often delivered 30, 60, or 90 days before the lease expiration date. The leasing agreement should include the lease’s end date. A notice to depart is still necessary if a landlord or tenant decides to break the lease agreement before the agreed-upon termination date. In any case, study the lease to determine the number of days required to provide notice without penalty.

When it comes to notices to vacate timescales, you must be aware of your legal rights as well as state and municipal legislation. Understanding this information will aid in determining when a notice to vacate is required.

What is included in the Notice to Vacate?

1. The date the renter will quit the premises: Before settling on a move-out date, the tenant should review the lease. The lease may require the tenant to submit notice a particular number of days before the lease period expires to prevent the contract from automatically renewing.

2. Date sent: Include the date to show that you sent your notice to quit letter within the time period specified in your Lease Agreement.

3. Landlord/property address: The landlord’s address may be found in your lease. It is not always the same location where you submit rent payments, especially if the landlord has a large number of properties or works with a property management firm.

4. Want a final walkthrough: After you’ve removed all of your stuff, your landlord will usually request a last tour. You should address this with your landlord as soon as possible so that they can restore your security deposit.

5. Lease terms: You may choose to consult one or more lease provisions that specify how much notice you must provide before terminating the lease and whether or not a walkthrough is necessary.

6. Forwarding address: This is where you will get the security deposit check as well as any other mail that has to be delivered to you.

What are the reasons for termination by tenants?

1. Rent/deposit amount increased

Observing growing market trends, the owner may quickly raise the rent or demand a larger deposit fund/lease amount, which is truly unjust to the renters. The owners have no right to do so before the end of the term or without providing sufficient warning and time to the renters.

2. Additional fees

The first thing that irritates renters is when owners request additional payments for water, energy, maintenance, cleaning, and other items that they did not mention previously. Tenants are irritated by such additional financial charges, which cause them to reconsider staying in the same residence.

3. House condition

Leakage, seepage, poor odour in the area, health difficulties caused by staying in the premise, faulty fixtures, damaged pipes, frequent power outages, and so on are all issues that no renter wants.

4. Job transition

The renter may receive an unexpected work transfer or a new Employment Contract in another location for which he or she would wish to relocate as soon as possible.

5. Disputes

Any neighbour or the owner may have frequent quarrels or misunderstandings, making the tenant’s stay exceedingly uncomfortable.

6. Concerns about safety

If the tenant continues in the rented premises, he may believe that his life, property, or health are in risk. Furthermore, if there are regular incidences of crime or mishaps in the area, the renter may begin to feel uneasy in continuing to live in the same location.

What to do before sending the vacancy notice?

Read the Rent Agreement: If a rent agreement was signed, it is critical to follow the steps outlined in the agreement in order to have the tenant remove the property. It is critical not to break the rent agreement requirements and to act lawfully in accordance with the terms of the agreement.

Maintain a record: Keep a copy of the lease termination letter for your records. The notice to quit can be used as evidence in the event of a future landlord-tenant legal dispute.

Pay the fine: If any of the provisions of the lease are violated, the landlord must refund the security deposit and pay any fines specified in the lease to the renter.

Hire a property lawyer: It is critical to hire the best property advocates in India to draught the Notice to Vacate and proceed with any form of legal action, as the lawyer will ensure that all legal provisions, facts, and evidence are included in the legal notice and that there is no need to proceed with the legal matter.

➤ The renter is responsible for paying all electrical, maintenance, and water bills.
➤ The premises should be cleaned, and if the renter has caused any damage to the property, it should be fixed or replaced.
➤ The owner must check the property and ensure that everything is in good working order.
➤ The owner must sign and declare that he has inspected the property and found no damages.
➤ The owner must refund the whole deposit money to the renter after ensuring that all dues are paid and no damages have occurred.
➤ Finally, if necessary, both parties can sign the rent deposit settlement agreement.

The landlord is required to restore the deposit as soon as the renter vacates the premises and gives over the keys. Immediately might imply one or two days.

Some landlords wait for the next renter to arrive, collect their deposit, and then repay the first tenant who left the home. This creates delays and is a very bad practise. The landlord should be aware that the renter is also required to pay a deposit to their future landlord. This has happened to me several times, and it saddens me that the tenants have no authority to fix his mistakes.

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