Notice to Vacate

Tell a tenant in writing that their tenancy ends on a specific date, with the notice period your state requires, and get their signed acknowledgment that they received it.

A written notice from a landlord to a tenant that the tenancy will end on a stated date, at least the required number of days after the notice is served, together with the move-out requirements and the tenant’s acknowledgment that they received it. It ends a month-to-month tenancy or confirms that a fixed-term lease will not be renewed.

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What it covers

When to use it

What it does not do

Signing, witnesses and delivery

The agreement

Notice to Vacate and Tenant Acknowledgment of Receipt

To [Tenant name(s)] ("Tenant"), and all other occupants of the premises at [Premises address (including unit)] (the "Premises"). From [Landlord name] ("Landlord"), [Landlord address and phone]. This Notice to Vacate (the "Notice") is dated [Date of this notice] and concerns your tenancy of the Premises under the lease or rental agreement dated [Date of the lease or rental agreement], which is a: [Type of tenancy] (the "Lease").

1. Notice of Termination

You are hereby notified that your tenancy of the Premises is terminated, and that you and all other occupants must vacate and surrender possession of the Premises on or before 11:59 p.m. on [Date tenant must vacate] (the "Vacate Date"). This Notice gives [Notice period (days)] days’ notice, counted from the day after it is served on you. If the law of the State of [Governing law (state)], or an ordinance of the city or county where the Premises are located, requires a longer period of notice for your tenancy, then this Notice terminates your tenancy on the earliest date that law allows after service, and that date is the Vacate Date. Where the Lease is for a fixed term, this Notice confirms that Landlord will not renew or extend it and that the tenancy ends on the Vacate Date, which is the last day of the term.

2. Reason

The reason for this Notice is: [Reason for the notice]. Where the law does not require a reason to end a periodic tenancy, this statement is given as a courtesy and is not an admission that a reason is required. This Notice is not given in retaliation for any complaint, repair request or exercise of a legal right by Tenant, and is not based on any characteristic protected by fair housing law.

3. Rent and Obligations Until the Vacate Date

Until the Vacate Date the Lease remains in effect and you must continue to perform it, including paying rent of [Monthly rent] per month on the usual due date, prorated by the day for any partial final rental period, and keeping the Premises in the condition the Lease requires. The security deposit may not be used as rent for the final period. Landlord may enter the Premises on the notice the Lease and the law require to inspect, make repairs and show the Premises to prospective tenants or buyers.

4. Move-Out Requirements

On or before the Vacate Date you must remove all persons, belongings and trash from the Premises; clean the Premises, including appliances, floors, bathrooms and any yard you are responsible for; return the Premises in the condition received except for ordinary wear and tear; return all keys, remotes and access devices to: [Keys returned to]; and give Landlord your forwarding address in writing. Your forwarding address for the deposit statement and any further notice is: [Tenant forwarding address]. Belongings left in the Premises after the Vacate Date will be treated as abandoned and dealt with as the law of the State of [Governing law (state)] provides, after any notice that law requires.

5. Security Deposit

Landlord holds a security deposit of [Security deposit held]. Within [Deposit statement sent within (days after move-out)] days after you vacate and return the keys, or such shorter time as the law of the State of [Governing law (state)] requires, Landlord will send to your forwarding address a written itemized statement of any deductions, together with the balance of the deposit. Deductions are limited to unpaid rent and charges, repair of damage beyond ordinary wear and tear, and cleaning needed to restore the Premises to their condition at move-in, and to anything else the Lease and the law allow. If you do not provide a forwarding address, the statement will be sent to the Premises.

6. Move-Out Inspection

Pre-move-out inspection: [Pre-move-out inspection]. Where the law of the State of [Governing law (state)] gives you the right to be present at an inspection before you vacate and to receive a list of proposed deductions so that you can remedy them, Landlord will comply with that law. Landlord will compare the Premises to any move-in inspection record signed at the start of the tenancy.

7. If You Do Not Vacate

If you remain in possession of the Premises after the Vacate Date, Landlord may begin legal proceedings to recover possession, unpaid rent, the fair rental value of the Premises for each day of holdover, damages and, where the Lease and the law allow, court costs and attorney fees. Landlord will not remove you, change the locks, remove doors or windows, or shut off utilities except by court process. Landlord’s acceptance of any payment after the Vacate Date is for use and occupancy only and does not create a new tenancy, waive this Notice, or extend the Vacate Date unless Landlord agrees in a signed writing.

8. Service of this Notice

This Notice was served on Tenant on the date of this Notice by: [How this notice was served]. Where the law of the State of [Governing law (state)] requires a termination notice to be served in a particular manner, Landlord has also served it in that manner, and the notice period runs from that service. A copy of this Notice sent through the electronic signing platform is provided for Tenant’s convenience and to obtain Tenant’s acknowledgment of receipt, and does not replace service required by law.

9. Governing Law; Effect of this Notice

This Notice is given under the Lease and the laws of the State of [Governing law (state)]. Nothing in this Notice waives any right of Landlord under the Lease or the law, including the right to serve any other notice for nonpayment of rent or breach of the Lease, and nothing in it waives any right Tenant has under the law. If any part of this Notice is held invalid, the remainder stands, and if the notice period stated is shorter than the law requires, the Notice is effective on the earliest lawful date rather than void, to the extent the law permits.

10. Tenant Acknowledgment of Receipt

By signing below, Tenant acknowledges receiving a copy of this Notice on the date shown in the execution record, and confirms the forwarding address stated in Section 4. Tenant’s signature is an acknowledgment of receipt only. It is not an agreement with the contents of this Notice, does not waive any defence or right Tenant may have, and is not required for this Notice to be effective; the Notice is effective on service whether or not Tenant signs. Tenant may contact Landlord at the address and telephone number above with any question about moving out. Landlord’s signature confirms that Landlord issued this Notice on the date stated.

Signatures

Landlord · Tenant (acknowledgment of receipt)

Notice to Vacate FAQ

How many days’ notice does a landlord have to give?

It depends on the state and the length of the tenancy. Thirty days is the most common minimum for a month-to-month tenancy; California requires 60 days if the tenant has lived there a year or more; Oregon requires 90 days for most no-cause terminations after the first year and forbids them in many cases; several states require 60 days. This form lets you choose 30, 60 or 90 and states that if the law requires more, the longer period applies from service.

Do I need to give a reason?

In most places a landlord does not need a reason to end a month-to-month tenancy with proper notice, but in states and cities with just-cause eviction laws you do, and the reason must be one the law lists. The form has a reason field; write "End of periodic tenancy; no reason required" where that is the law, or state the just cause where one is needed.

Can I send the notice electronically and leave fields for the tenant?

You can send it through the platform, and the tenant will fill in their forwarding address and sign the acknowledgment of receipt, which is useful evidence. But because most states require a termination notice to be served by hand or mail, you should also serve a paper copy the way your statute describes and keep proof. Leave only the tenant’s forwarding address blank; everything else is yours to fill in.

What if the tenant does not move out by the date?

The tenancy has ended but the tenant is a holdover, and you must file an eviction (unlawful detainer) case to remove them; you cannot change the locks, remove belongings or shut off utilities. The notice states this and says that accepting rent for a period after the vacate date may be treated as creating a new tenancy, so be careful what you accept.

Does the tenant have to pay rent during the notice period?

Yes. The tenancy continues on its existing terms until the vacate date, and rent is due as usual, prorated for a partial final month if the vacate date is mid-period. The tenant cannot use the security deposit as the last month’s rent unless the landlord agrees in writing.

Can the tenant leave before the vacate date?

Yes, but rent is owed through the vacate date unless the landlord agrees otherwise. Many landlords are happy to let the tenant go earlier and prorate; if so, confirm it in writing so the deposit accounting period starts from the actual move-out.

Related templates

This template is general information, not legal advice. Laws differ by state; review anything important with a lawyer.