“How To Send A Lease Termination Letter Landlord To Tenant” written by Mike Marko
Are you about to terminate your tenant from his or her lease?
A lease termination letter is something that you can use to your advantage. This letter does more than just simply what’s named for. It provides you with leverage to get your tenant out.
Prior to sending a termination letter, it is important to know the State and local laws that need to be followed when terminating a tenant.
When preparing a termination letter you are required to have a valid reason for terminating his or her lease. When the reasons for termination are lacking, invalid, or do not meet State and local legal requirements then you’ll end up facing the consequences.
To help you out, let’s go over some important components that make a good lease termination letter landlord to tenant.
A Guide On Understanding A Lease Termination Letter Landlord to Tenant
Prior to any termination of a lease, it is highly recommended to consult with a Real Estate attorney to avoid any mistakes or missteps during the termination process. When doing the lease termination on your own we will give you some good tips so that the process will go smoothly and effectively.
A lease termination letter to a tenant is a very important document that’s required to end a lease agreement. It is a thoroughly-prepared letter detailing the end of the tenancy and the reasons for the termination. This letter is nothing short of a basic and needs to be done professionally and meet all legal requirements.
We do understand that with all the duties and responsibilities of being a property manager or landlord, it’s easy to forget what is required to end of the tenancy and reasons for the termination. So we will attempt to give you a basic guide to developing your own customized lease termination letter.
Let’s start with the basics of what is needed in a lease termination letter…
What Is Lease Termination Letter Landlord To Tenant
A lease termination letter is a written intent to terminate the lease. It is also commonly known as the initial notice of termination.
When a landlord is about to end a lease or rental agreement, a lease termination letter is required. The contents of the letter include the desire to end the lease. It is combined with the intent of presenting the said letter to the tenant 30 to 60 days prior to termination.
When you end the lease with your tenant, you have two ways to do it.
- You may do it unilaterally where you, as the landlord or the property manager, may send the notice or letter of termination to your tenant. This can cause the tenant to fight the termination and cause additional costs to terminate the lease with a legal challenge.
- If you and your tenant agreed to end the lease or rental agreement, both of you may sign a mutually agreed upon termination agreement.
Any time you decide you determine the need to terminate a lease, it is highly recommended that you discuss the need for termination with the tenant to avoid possible legal challenges of the termination.
When Do You Need A Lease Termination Letter
A lease termination letter is presented to the tenant when the property manager decides to end the agreement earlier than the agreed date. The letter will serve as an official communication of the landlord or property manager’s intent to end the agreement with the tenant.
Termination of a lease is similar to rental applications and contracts. It is a legal process that landlords and property managers will have to go through when they desire or have the need or cause to end or terminate a lease prior to the end of the lease term. It is a difficult process simply because it involves several factors including the tenant agreeing to move out and vacating the property in a timely manner.
If the need arises, the lease termination letter can be used as evidence in case the tenant decides to bring the problem to court.
To make a valid termination letter, it should provide any of the following reasons:
- If your tenant significantly violates the lease agreement contract terms and agreement.
- If your tenant did not pay the rent or other contractual obligations.
- If you are selling the property.
- If your property is subject to foreclosure.
- If you are remodeling the premises of your property.
- If your property is taken under “eminent domain” or “public use”.
- If you’re required by the police to remove tenants that are suspected of a gang or drug-related nuisance.
- Any natural disaster.
Whatever the reason for the termination of the lease, it should meet all State and local legal rental laws so the lease termination will be upheld if challenged in court…
What Elements Should Be Identified When Writing A Notice Of Termination Or Termination Agreement?
Prior to writing or using a termination of lease letter you need to make sure it meets all State and local legal standards. Even though you may have enough reasons to terminate the lease, you still need to be very careful about wording it. Remember, the letter is a legal document and can also be used against you in court if you have violated any law or regulation.
A well-written letter should contain elements that will be favorable for the landlord. These elements include:
- Landlord/Property Manager: The name of the party who owns or manages the premises being rented.
- Tenant: The name of the party who rents the premises and pays the landlord
- Original Lease or Rental Agreement: name, start, and end date of agreement/property manager.
- Vacate Date: The date when the tenant will move out of the rented unit.
- Forwarding Address: The address where to send future notices or security deposit.
- Reason for Termination: A full explanation for ending the agreement
What Are the Landlord’s Consequences Of Not Using a Lease Termination Letter?
Now, what happens when a property manager doesn’t use a lease termination letter? What are the consequences?
There are instances where a landlord will want to end a lease but doesn’t want to present a notice. Trying to force a tenant out of a property without notice will set you up for a legal challenge that you most likely will lose. Not notifying the tenant of the termination can only cause the tenant to take this the wrong way and bring this matter to court.
The first consequence of not being able to provide a lease termination letter is the court may find itself unsympathetic to your situation. The notice will indicate that a landlord has given the tenant enough time to prepare to leave the premises. Without it, you’re not doing your job as a landlord.
Without the notice, you can immediately be classified as an irresponsible lessor.
Second, you run the risk of losing money as you’ll be subject to refund the security deposit of your tenant. You may even end up paying more if the court finds you guilty of constructive eviction.
Third, you end up wasting a lot of time attending court proceedings and money on finding and hiring attorneys to help you win the case. All of these problems just because you didn’t make a simple lease termination letter.
Where to Get Lease Termination Letter Samples
If you’re about to end a lease and you still don’t have a letter to present to your tenant, there are samples you can find on the internet. These can be downloaded online and will come in PDF, Word, or Excel file formats.
Prior to using or sending any lease termination letter we highly recommend that you have your letter reviewed by a Real Estate attorney to ensure that it meets the legal standards for your State and local rental laws…
Here’s a list of some sites where you can get a lease termination letter:
Once you’re done with downloading and editing your letter to fill up the necessary details, you can now send it to your tenant. Don’t forget to check with a Real Estate lawyer to make sure you’re not in violation of any rental laws or regulations.
Remember to carefully check your lease termination letter so that it has all the elements needed to be valid.
Final Thoughts On Lease Termination Letter Landlord to Tenant
In this blog post, we discussed the important elements of a lease termination letter landlord to tenant. We also covered several good reasons why you should always make one for your tenants.
To review, a lease termination letter will always need to be valid and will protect you when challenged in court. The letter needs to be clear in terms of presenting the reason/s for the termination and dates the termination will take effect. Think of it as a peaceful way to end things as well as a way to cover yourself when a legal challenge to the termination of lease arises.
When push comes to shove, the letter should be adequate in helping you defend your case.
If you have any clarifications when it comes to a lease termination letter landlord to the tenant, you can drop them in the comments section.
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