If your tenant violates the lease agreement, you do not need to let him or her continue to rent from you. To legally end the relationship, however, you will need to serve the tenants with a landlord lease termination letter. Find out what the letter must cover and how to download a customizable termination letter template.
When to Consider Giving a Notice to Terminate Tenancy
To legally serve tenants with a notice of termination of tenancy, you must have an enforceable reason. Depending on the lease, these could be:
When you catch your tenants in the act of violating any lease clause, you have the right to send them a notice to terminate tenancy. Possible lease violations include:
- Drug use
- Pets on premises
- Property damage
- Criminal behavior
- Failing to pay rent
Weigh the violation they committed against the time and effort of finding replacement tenants to decide if it is worth it. If the violation is minor, you may prefer to let them off with a warning. If the violation is more severe, or if this isn’t the first time they’ve committed an infraction, consider giving tenants notice. And remember, you cannot decide that you want to renovate the unit, then simply terminate a lease on a whim. There must be a reason.
It’s generally advisable to serve your renters with a warning letter before you deliver the rental termination letter. This way, renters have the opportunity to correct the violation. After you warn renters, keep a close eye on the rental unit. If the renters disregard the warning or commit any other lease infractions, you can serve the termination notice immediately.
If your renters are on a month-to-month lease, you can terminate the lease at any time by providing a 30-day letter of termination. In this instance, no lease violation is needed to legally end the tenancy.
Rental Termination Letter Template
A typical rental termination letter provides a termination date, reason and a move-out date for the tenant. Even if you terminate the lease effective immediately, the renter needs some time to find a new place and clear the apartment.
The termination letter should spell out the date by which the tenant must leave the apartment, the termination reason, and any move-out rules the tenant must follow to receive his or her security deposit. States may have different requirements regarding the window of time that renters need between receiving a lease termination notice and leaving the premises.
Tenants may be upset at receiving a rental termination form. They could file a lawsuit, hoping that a judge will side with them. To increase your odds of a successful outcome should things go to court, use a rental termination agreement that was selected by a lawyer who understands landlord tenant law.
American Apartment Owners Association offers landlord forms that were independently selected by attorneys. These forms were chosen for their enforceability and general utility, and are presented to American Apartment Owners Association members for the lowest prices.
Landlord tenant lawyers rely on the same forms, customizing them for clients. Rather than pay the steep hourly rate an attorney demands, you can download and customize the template within minutes and enjoy a low-cost, professional form for tenant notification.
Disclaimer: All forms offered herein are provided only as a guide by the American Apartment Owners Association (AAOA). They have not been reviewed by legal counsel and no warranty, express or implied, is offered. AAOA suggests that you have local legal counsel that is familiar with current laws and ordinances review any forms prior to usage.