There might be a time when you find that there is a need for you to discontinue your tenancy in the place you are currently renting. You can formally inform your landlord about your plans of not renewing your lease by giving him/her a notice letter specifically called a tenancy termination letter. A tenancy termination letter is the best avenue for letting your landlord know that your lease agreement is about to come to an end. A landlord can also issue a tenancy termination letter to his/her tenant should he/she wish to not continue the lease with the tenant anymore.
Tenancy termination letters need to be written in a clear yet concise manner. This is to ensure that both the tenant and the landlord have a clear understanding of the message that is being relayed in the letter. If you are having a hard time coming up with a tenancy termination letter, worry not! We will give you a few tips and a couple of sample tenancy termination letters that will give you a good idea of what these letters typically look like. So if you want to find out more about these letters, keep reading!
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Giving Notice to End Tenancy
When it comes to ending a tenancy or a rental agreement, you want to make sure that you are able to give proper notice. Being able to give proper notice is not only formal but also a respectful means of ending the agreement. More often than not, a lease agreement or rental agreement would contain details about the amount of notice that should be given by either the landlord or the tenant.
Typically, the notice to end a tenancy is usually in writing, contain the complete address of the property leased, the date when the tenancy would end, and have the signature of the person giving the notice.
When it comes to notice periods, here’s what is usually followed:
- Tenants should give a minimum of 21 days notice. A landlord may allow more or less amount of notice period depending on the circumstance. Take note that even if a tenant wants to move out sooner than 21 days, a 21-day notice letter is still required.
- A landlord will typically give around 90 days of notice. This is typically in written format. However, a lesser amount of notice may be given by the landlord.
If there are multiple tenants leasing the property, one of the tenants may give the notice letter.
Less Than 90 Days Notice from Landlord
As mentioned earlier, there are times when a landlord might give you a notice period of fewer than 90 days. Some of the circumstances when this is acceptable are for the following reasons:
- The property has been bought by someone who does not want existing tenants on the property anymore.
- Someone else, such as the landlord’s family member, would want to live in the property.
- The property will be used for another purpose as soon as possible.
There are other reasons why a landlord may give you a notice letter that is lesser than 90 days. You have to make sure that the reason given is genuine and factual. If you are having some doubts regarding the reason given by the landlord, you can ask him/her for a face-to-face or a phone meeting. Through this meeting, you can ask questions regarding areas that seem vague to you. You can check out more information by reading up on Sample Landlord Lease Termination Letters.
When Should a Tenancy Termination Notice Be Given?
A basic termination letter for ending tenancy can be given any time of the day. However, you have to make sure that you give the letter as soon as possible to ensure that you are able to give ample time for your recipient to process and take note of the details that you have in your letter.
Rental Termination Letter from Tenant
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Tenancy Termination Letter with 30 Days Notice
Service tenancy is a type of tenancy wherein an employer is the one who provides the employee the property where he/she will live in. This typically happens when the employee is not a native in the area where the company is currently located or if his/her current residence is way too far from the location of the company.
When it comes to ending service tenancies, a two weeks notice letter should be provided. This is applicable to both the landlord and the tenant. However, a landlord can only terminate the tenancy if the employment of the tenant has also come to an end. If the tenant wishes to end the tenancy before his/her employment comes to an end, he/she must still provide a standard two weeks notice to the landlord.
A landlord can only give a notice to end tenancy that is less than two weeks if
- the employee has violated rules and regulations set out for the residence,
- damages have been done to the property, or
- a replacement tenant is already about to move in within two weeks and the tenant is already out of work.
Residing in Property after End of Tenancy
There are times when a tenant does not move out of the property even after the lease has expired. There are times when these circumstances are deemed to be inevitable and are sometimes also out of the landlord’s control. During these circumstances, it is the landlord’s responsibility to take care of the situation by talking to the tenant.
There are also times when this circumstance happens when a tenant and a landlord come to an agreement to have a little bit of extension even after the expiration of the lease. This happens a lot when a tenant is having difficulty looking for a new place to move in to or if the tenant cannot move all of his/her property by the time the lease is up. The need for extension should be reflected in the notice of termination letter with the landlord’s signature at the bottom as an implication that the extension has been granted.
If the tenant is living in the property without the consent of the landlord, the landlord may demand his/her property back through a tenancy tribunal or issue a court-mandated notice to the tenant. The result of the tribunal may ask the tenant to pay the landlord compensation if the landlord ended up suffering financially due to the tenant’s refusal to move out after the lease expiration.
However, if the tenant has been staying for more than 90 days in the property after the expiration of the lease, then it is implied that the property owner has authorized this. The owner will now need to issue a new notice for terminating the tenancy should they still need or want the tenant to move out of the property.
If the tenant has died, there are also certain steps that need to be undertaken in order to properly terminate the tenancy. A tenancy can be terminated for this circumstance when
- a first-degree relative has given a death notice to the landlord 21 days after the death of the tenant,
- 21 days after the landlord has issued a notice to vacate letter to the relative or representative of the tenant,
- the landlord and the representative or relative of the tenant have come to an agreement on what date the tenancy will be considered as terminated, and
- a tenancy tribunal has decided on the date that the tenancy will be considered as terminated.
In conclusion, there are many ways and circumstances that can determine when a tenancy will be terminated. Following the provisions in the tenancy agreement that has been signed upon the start of tenancy should be duly followed in order to avoid any legal action to be taken against you.
We hope that you have learned a lot from this article, and should you need more information regarding ending tenancy, you can always check out Tenancy Notice Samples & Templates.
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