A notice to vacate is a document which is exchanged between two individuals who are related to each other. This is a letter which is provided by landlords or tenants that have rented out a property or are occupying one for accommodation and commercial reasons. The letter can be exchanged by either party when one of the two either breaches the terms and conditions of the agreement or decides they no longer want to have an arrangement between themselves.
The reasons for issuing a notice to vacate can also be different among various parties. Some may decide that they no longer want to occupy the property or be intimated by the landlord that the property needs to be vacated by providing the reasons to do so. Landlords may receive offers of higher compensation against the rental value or tenants may decide they need to find an economical place for themselves.
The reasons mentioned above will only be applicable when either one of the parties decides to end the agreement between themselves for financial reasons. It must also be noted that landlords only decide to rent properties out in return for monetary compensation. They are not in the business of providing charitable solutions to individuals or companies who may not have premises of their own when they contemplate occupying a property by paying a monthly rent.
Recipients of a notice to vacate are generally tenants, but landlords are also susceptible to receiving them especially when they do not provide the facilities promised during the time they prepare the original agreement. Instances of entering the premises without intimating the tenant to check on the conditions of the property is another reason which is often disputed.
Regardless of which party to the agreement decides to provide a notice to vacate it is essential for either of them to remember they are just requesting or intimating the other party their intentions to vacate the property or to vacate it for any reasons which they may specify.
Key Features Of A Notice To Vacate
Either party to the agreement is required to provide a notice giving the other sufficient time to realize the consequences and make alternate arrangements for the property or accommodation of residence or business premises as required. The following points are the key features of a notice to vacate.
- The date of the notice being provided as well as the date on which the property will be vacated.
- The name of the party providing the notice along with his or her address and contact details.
- The reasons for demanding that the other party vacate the property.
- Any other details which the parties may consider as appropriate to the notice.
- Information about financial compensation to be recovered or paid must also be mentioned.
The party issuing the notice must ensure that the other receives and acknowledges the receipt of the notice to ensure it has been understood and the property in question will be vacated on the given date. Actions for failure to vacate the property which may be initiated may also be mentioned.
Example of A Notice To Vacate 1
Notice to Vacate By Ending The Tenancy Contract From Tenant
From: [Name of the Tenant With The Address of The Rented Property],
To: [Name of the Landlord & Address And Contact Details],
Subject: Notice to Vacate The above Property
Dear [name of the landlord],
I am providing you written intimation that I will be vacating the property I am presently occupying by the end of next month. Kindly accept this written notice by the tenancy agreement we had as my notice to vacate the property on or before [end of the tenancy date or the date chosen by the tenant to move].
I will be cleaning the property to ensure that I leave it in proper condition. However, I am obliged to request you to forward any specific cleaning instructions you might have. My personal belongings will be removed from the property on [date], and I will be prepared to hand over the keys on [date].
I will be happy to meet you in person on the final day of my possession because it will give you an opportunity to examine the property in my presence to confirm it is in proper condition as desired by you. I would appreciate if you could confirm your willingness to be present on this [date] at [time] for completing the final procedures.
You would be aware that I had provided a tenancy deposit of [amount] when occupying the property and I trust that the same would be transferred back to my account within ten days of vacating the premises. I would, however, appreciate if the same could be expedited earlier.
I look forward to hearing from you soon on the above.
[signature of the tenant]
[name of the tenant].
Example of Notice to Vacate 2
From: [Name of Landlord & Contact Details],
To: [Name of The Tenant & Property Address Occupied And Contact Details],
Subject: Notice To Vacate The Property Mentioned above
It is with great disappointment that I am compelled to issue this notice to vacate to you for reasons which I have specified below.
You have not been making rental payments according to the terms and conditions of the agreement.
The property mentioned above is not maintained according to our initial discussions.
I have received information that you are subletting portions of the property to others who are not mentioned in the tenancy agreement.
Given the above, I have decided that you are in contravention of the terms and conditions of the tenancy agreement and therefore decided that it would be best for both parties to end the contract by giving you 30 days notice with this letter.
I expect the property to be vacated on or before [date] and to be left in good condition as it had been provided to you earlier. Failure to vacate the property will result in a notice of eviction where your belongings will be physically removed from the property. You will also be liable for any charges related to the eviction procedures.
I trust that this notice will be accepted and the property vacated on [date].
[signature of the landlord],
[name of the landlord].
Landlords and tenants both have the options of sending a notice to vacate for reasons which they may determine are suitable for them. Providing notice to the other party is a requirement under the laws and cannot be avoided by both.