Notice to Vacate Template for Landlords

A notice to vacate is not the same as an eviction notice. An eviction notice responds to a breach, nonpayment, lease violation, illegal activity. A notice to vacate ends a tenancy without cause: the lease is up, you're selling the property, you're moving in a family member, or you simply don't want to renew. Serving the wrong type of notice, or serving a valid notice with the wrong notice period, restarts your timeline and keeps a tenant in your property for another 30-90 days beyond when you intended.

What Is a Notice to Vacate?

A notice to vacate (also called a notice of termination, termination of tenancy, or end-of-tenancy notice) is a formal written document informing a tenant that their tenancy will end on a specific date. Unlike an eviction notice, which requires the tenant to pay or cure a violation, a notice to vacate simply requires the tenant to leave. There is no cure option.

Notices to vacate are used in two scenarios:

1. Landlord-initiated: The landlord gives notice to the tenant to end the tenancy (covered in this template)
2. Tenant-initiated: The tenant gives notice to the landlord of their intent to vacate (typically required by lease)

This template covers the landlord-initiated notice.

When to Use This Template

• Fixed-term lease is expiring and you are not renewing. Send this notice before the lease end date per your state's required notice period
• Ending a month-to-month tenancy without cause. Required in most states; notice period varies by tenancy length
• Selling the property. Most states allow a landlord to terminate tenancy for a bona fide sale; notice requirements vary
• Owner move-in (OMI). Some states (CA, OR) have specific just-cause OMI termination procedures; follow those rules, not a generic notice
• Property is being substantially renovated or demolished. Relocation assistance may be required; check local ordinances

What to Include in a Notice to Vacate

1. Full tenant name(s). All adult occupants on the lease. Omitting a named tenant can invalidate the notice.

2. Property address. Full address with unit number exactly as it appears on the lease.

3. Notice period and termination date. State the exact number of days and the specific date by which the tenant must vacate. The termination date must align with your state's required notice period and, for monthly tenancies, typically must fall on the last day of a rental period.

4. Reason (if required). Some states (CA under AB 1482, OR, WA) require just-cause for evictions; if your property is covered, state the specific just-cause reason (lease expiration, owner move-in, substantial renovation, etc.).

5. Move-out instructions. What keys to return, where to leave them, how the security deposit will be handled, and who to contact to schedule a move-out inspection.

6. Security deposit return timeline. Reference your state's statutory deadline (typically 14-30 days after move-out).

7. Signature and service date. Date the notice and sign it. Attach a Certificate of Service documenting delivery method.

Notice to Vacate Template

NOTICE TO VACATE / NOTICE OF TERMINATION OF TENANCY

Date of Notice: [DATE]

To: [TENANT FULL LEGAL NAME(S)] Property Address: [FULL PROPERTY ADDRESS, UNIT NUMBER] [CITY, STATE ZIP]

PLEASE TAKE NOTICE that your tenancy of the above-described premises is hereby terminated, and you are required to vacate and surrender possession of the premises on or before:

VACATE-BY DATE: [SPECIFIC DATE]

This notice provides [NUMBER] days' notice of termination as required by [STATE] law.

Reason for termination (check one and complete):

• Lease expiration, Your fixed-term lease agreement dated [LEASE DATE] expires on [LEASE END DATE] and will not be renewed
• Owner move-in, The owner of the property intends to occupy the unit as a primary residence
• Sale of property, The property has been sold and the new owner requires vacant possession
• Substantial renovation/demolition, [DESCRIBE]
• No cause (month-to-month tenancy, per state law)
• Other: [SPECIFY]

Move-Out Instructions:

1. All personal belongings must be removed by the vacate-by date
2. Unit must be left in the same condition as at move-in, less normal wear and tear
3. Return all keys, fobs, garage openers, and parking passes to: [RETURN LOCATION / CONTACT]
4. Contact [NAME] at [PHONE / EMAIL] to schedule a move-out inspection at least [X] days before your move-out date

Security Deposit:

Your security deposit of $[DEPOSIT AMOUNT] will be returned (less any lawful deductions) within [STATE-REQUIRED DAYS] days of your vacating the premises. An itemized statement of deductions, if any, will accompany the return.

If you fail to vacate by the date specified above, legal proceedings to recover possession of the premises will be commenced without further notice to you.

[LANDLORD/MANAGER SIGNATURE]

[LANDLORD/MANAGER PRINTED NAME] [TITLE] [ADDRESS] [PHONE] | [EMAIL]

CERTIFICATE OF SERVICE

I served the above Notice to Vacate on [TENANT NAME(S)] on [DATE] by:

• Personal delivery to tenant at the premises
• Substituted service, left with [NAME, RELATIONSHIP] at the premises, then mailed copy first-class
• Posting on main entry door + first-class mail (nail and mail)
• Other: [DESCRIBE]

Signature: ____________________ Date: ________

State-by-State Notice Requirements

California

• Month-to-month, <1 year tenancy: 30 days (Civil Code §1946)
• Month-to-month, ≥1 year tenancy: 60 days (Civil Code §1946.1)
• Just-cause requirement (AB 1482): Residential properties covered by AB 1482 (most units not exempt) require just cause for termination after 12 months of tenancy. Permitted just-cause reasons include owner move-in, substantial renovation, sale to a buyer who intends to occupy, and Ellis Act withdrawal. Relocation assistance equal to 1 month's rent is required for no-fault just-cause terminations.
• Termination date: Must fall on the last day of a rental period for month-to-month tenancies

Texas

• Month-to-month: 30 days (Property Code §91.001)
• No just-cause requirement for most residential properties outside of federally assisted housing
• Fixed-term lease: Notice requirements set by the lease; if silent, the lease simply ends on its expiration date
• Key statute: Texas Property Code §91.001

Florida

• Week-to-week: 7 days (F.S. §83.57)
• Month-to-month: 15 days before the end of any monthly period (F.S. §83.57)
• Quarter-to-quarter: 30 days before the end of any quarterly period
• Year-to-year: 60 days before the end of the annual period
• No just-cause requirement for most residential tenancies outside of mobile homes and certain federally assisted housing

New York

• <1 year tenancy: 30 days (RPL §226-c)
• 1-2 year tenancy: 60 days (RPL §226-c)
• >2 year tenancy: 90 days (RPL §226-c)
• Good cause eviction (NYC and other municipalities): The Good Cause Eviction Law (effective 2024) limits non-renewal in many NYC units; landlords must have good cause and cannot raise rent by more than the local guideline. Check applicability for your property.
• Termination date: Must align with the last day of a rental period

Washington

• Month-to-month: 20 days (RCW 59.12.040)
• Seattle just-cause requirement: Seattle requires just cause for termination of all residential tenancies (SMC 22.206.160). Just-cause reasons include nonpayment, lease violations, owner move-in, demolition, and substantial rehabilitation.
• Statewide just-cause (RCW 59.18.650): Effective 2021, Washington requires just cause to terminate all residential tenancies. Permitted just-cause reasons include lease expiration (with 20 days' notice), owner move-in, sale, and demolition.

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How to Customize This Template

Align the termination date with the rental period: For month-to-month tenancies, the termination date must typically fall on the last day of a rental period. If rent is due on the 1st, you cannot terminate on the 15th, the termination date must be the last day of the month. Serving notice on May 5 with a 30-day period means the termination date must be June 30 (the last day of the next full rental period), not June 4.

Relocation assistance requirements: California (AB 1482), Seattle, Portland, and several other jurisdictions require landlords to pay relocation assistance for no-fault terminations. In California, the required amount is one month's rent; in Portland, it ranges from 1-3 months' rent depending on tenancy length. Failure to pay required relocation assistance makes the termination invalid.

Retaliatory termination: Do not serve a notice to vacate within 180 days of a tenant exercising a legal right (filing a habitability complaint, requesting repairs, joining a tenant union). Most states presume retaliation if a notice follows protected activity within that window, and the burden shifts to you to prove otherwise.

Common Mistakes

Using a notice-to-vacate for a breach situation. If the tenant has violated the lease or stopped paying rent, a notice to vacate is the wrong document. You need an eviction notice (Pay or Quit, Cure or Quit), which gives the tenant the opportunity to cure and starts the unlawful detainer process correctly. Courts will not convert a notice to vacate into an eviction notice for you.

Calculating the notice period from the wrong start date. The notice period runs from the date of service, not the date you wrote the notice. If you write a 30-day notice on May 1 but don't serve it until May 5, the 30-day period starts May 5. The termination date is June 5 (or the last day of that rental period, whichever your state requires).

Failing to track the response. Once you serve a notice to vacate, document the date and method immediately. If the tenant does not vacate by the termination date, you need this documentation to file an unlawful detainer. "I think I mailed it around the 15th" will not hold up in court.

Related Resources

• Eviction Notice Template, For breach-based terminations
• Lease Termination Letter Template, Mutual or early termination
• How to Evict a Tenant: Step-by-Step Legal Guide, Full process from notice to writ
• All Resources, Complete library of templates, checklists, and guides