Notices to Vacate and Ending a Lease

With a periodic lease, the rent period begins the day the rent is due and lasts until the rent is due again. If your rent is due on the first of each month, your rent period runs from the first of the month to the end of the month. Most periodic leases have a monthly rent period.  

To end a periodic lease, like a month-to-month lease, either you or your landlord must give proper written notice at least one full rent period before the move-out date. If you want to end your lease at the end of next month your landlord has to get that notice by 11:59 p.m. the day before your next month’s rent is due.

For example: let’s say you are renting month-to-month with rent due on the first of the month. You want to move out at the end of April. You have to give your landlord written notice that you want to move before the end of March. Your landlord has to get your written notice to vacate by 11:59 p.m., on March 31st.

In order to be a proper written notice, your letter needs to say you are ending the month-to-month lease. It also needs to give the date at the end of the month you will move out.

So, for example, your letter would say, “I am ending our month-to-month lease at the end of April. I will vacate and move out of the rental property on or before April 30th.” You can fill out the letter attached or write your own.

If you want to move but you don’t give a proper notice to vacate, your landlord may hold you responsible for an extra month of rent, or longer. This can happen even if you move out before the next month begins.  

If your landlord wants you to move but doesn’t give you proper notice to vacate, you can stay in your apartment until they give you a new, proper notice. You have to pay rent. Even if the notice isn’t done right, your landlord might still file an eviction against you. You need to go to court and show the judge that the notice was not proper.

NOTE: Not all periodic leases are month-to-month. Not all periodic leases have a one-month notice rule. Some periodic leases have a rule of 2 months’ notice, 60 days’ notice, or even 45 days’ notice. If you have a written lease, make sure you look at how much notice you have to give to move.

A fixed-term lease is a lease for a period of time. This is usually one year but can be a different period of time. Most fixed-term leases have a “notice period” to end the lease. The notice period is the amount of time before the lease ends. You or the landlord have to give notice during this time if you don’t want to renew or that the lease is ending.  

Generally, a lease for a fixed period of time can’t be changed or ended until the ending date that is written in the lease. But this can be changed if you and your landlord both agree to a change.

Usually, no notice is needed to end a fixed term lease (like a one-year lease) if you want to end it on the date given in the lease. But some fixed term leases have 30- or 60-days’ notice rules before the ending date. Some leases might even specify move-out times, or days.  

Some fixed-term leases give 2 different “notice periods” to end the lease. The lease has 1 notice period for the landlord and a different notice period for the tenant. If your lease has 2 different notice periods like this, the law says you can pick which notice period works best for you to end your lease. For example, the lease says the tenant has to give 60 days’ notice to move, but the landlord only has to give 30 days’ notice. The law says the tenant can choose to give 30- or 60-days’ notice. 

Some fixed term leases have an "automatic renewal clause." This means that if you don’t say anything to the landlord, your lease automatically renews. If the automatic renewal is for 2 months or more, it is only legal if the landlord sends you a reminder letter about it. The letter must be sent or personally delivered to you at least 15 days before the date you would have to give notice of your plans to move. It can’t be more than 30 days. The letter must state that the lease will be renewed unless you send a letter saying that you don’t want to renew and will move.  

Read your lease carefully to see if you have to give notice if you are planning to move when it ends.  

If your rent is due once a month and your landlord accepts rent after the end of your lease, you could be automatically in a verbal month-to-month lease.

Remember, a lease is a binding contract! Don’t break a lease without thinking about your choices in advance. If you must break a lease, the best ways to get out of it are: 

• Reach an agreement with your landlord. Some areas have local mediation services that can help. 

• Ask if your landlord is willing to find a new tenant or let you find a new tenant. 
   

There are a few ways to change or end a lease agreement. It depends if you have a lease for a fixed term or a periodic lease. If both you and your landlord agree in writing to change or end the lease, that should be enough to make the change or end the tenancy. This is true for a verbal or written lease, a fixed term lease or a periodic lease. It could be different, though, if you are on Section 8. Call your local legal aid office if you have questions about this.

If you don’t get the agreement in writing, an "I said, you said" argument could happen later. You could be held to the original terms of the lease, including payment of all rent due. 

Warning! If you break your lease without the written agreement of the landlord, you may have to pay rent for the whole period of the lease. You won’t have to if the landlord can re-rent the apartment to another tenant. But the landlord doesn’t have to try to find someone to replace you.  

If the landlord takes rent money from you after the date you were supposed to move, the move-out notice may be canceled by law. The taking of rent could renew your lease.  

Talk to a lawyer before you assume that your notice to move has been canceled because your landlord took your rent payment.