A lease termination letter is a document written as a formal notice of terminating a lease agreement.
It is written by the tenant or landlord, whoever wishes to end the lease, to the other party in the lease agreement. The letter is a legal document that protects the sender from unlawful claims after they have absolved their obligation to the lease agreement. The letter is alternatively referred to as an end-of-lease letter.
A termination can be sent under different circumstances. Fundamentally, it is issued whenever one party wants to terminate a lease with no specified end date, for example, a month-to-month or standard 1-year lease. The letter can also be issued when the landlord wants to increase rent and the tenant does not accept the new lease terms. Typically, the letter for terminating a lease should be issued with a 30-day notice, but in other instances, it can be 60 days or 90 days’ notice. The notice period is determined by the terms of the lease and local laws, so it is advisable to review the applicable regulations before sending the letter.
A lease termination is different from an eviction. Lease termination is the act of discontinuing a lease agreement through a formal notice. Lease terminations are cordial means of ending a lease agreement once it expires. An eviction is a notice to vacate the premises due to a breach of the terms of the agreement. The process may end in a trial and require force or intervention from authorities.
This article addresses the key components of a lease termination letter, its different types, and how to prepare a letter that terminates any lease. The article also focuses on other pertinent information necessary to formally and lawfully terminate a lease. It provides you with downloadable templates that help you write a lease termination letter on your own.
Free Templates
Given below are lease termination letter templates:
Types of Termination Letter
There are different termination letters tenants or landlords can write depending on the situation, as discussed below:
Early lease termination letter
This type of termination letter is written to terminate a lease before its end date. For example, such a letter will be sent when a tenant cannot pay the rent due to financial issues and would thus like to end the lease rather than default.
Late rent notice
Sometimes, tenants may fail to pay rent on time due to unavoidable circumstances such as loss of employment. In such cases, landlords send a late rent letter. The letter informs the tenants of the delayed payment and urges them to pay promptly or risk the lease being terminated.
Eviction notice
The landlord sends an eviction notice to the tenant when they violate a term on the lease contract that warrants expulsion from the rented space. The notice states the violation and how to rectify it. It also gives an ultimatum to vacate the premises if the issue is not resolved within a specified period.
Commercial lease termination letter
When one or both parties involved in a lease agreement are a business, it is deemed a commercial lease. To terminate such a lease, a party must send a commercial lease termination letter stating that the other party can no longer use the property for business.
Why Should You Write a Lease Termination Letter?
A lease termination letter is written for different reasons. The letter may be sent if the landlord sells the rental property, the premises become inhabitable, or the landlord would like to move into the rental unit. Also, it can be sent if either party chooses not to renew the lease or end it early, the tenant gets deployed under a military duty or violates the lease terms.
Lease termination letters can also be sent when tenants consistently violate building policies such as pet policies and noise rules. Additionally, it must be sent if tenants break certain lease terms and conditions, such as defaulting on rent, conducting illegal or criminal activity within the premises, or significantly damaging the property.
The letter is also sent as a requirement of the lease agreement. So, it is important to include a lease termination clause in the agreement that outlines the right procedure for delivering the termination letter and the applicable notice period. The clause should also discuss the consequences of early lease termination, such as penalties. This way, the letter guarantees there is healthy communication between the parties as the lease comes to an end.
There must be an appropriate procedure for issuing a lease termination letter. The first step is for the tenant to communicate their wish not to continue after the lease ends. Alternatively, if they decide to end the lease early, the tenant should issue a notice to vacate. Then, you send them a lease termination letter as a response. However, if the tenant violates the lease that warrants eviction, you should send an eviction notice, not a lease termination letter.
How to Write a Lease Termination Letter: Step-by-Step GuideÂ
Writing a letter to terminate a lease is not challenging and can be completed in a few steps. Provided below is a procedure for writing a letter that clearly communicates your intention to terminate a lease professionally and effectively:
Step 1: Specify the type of agreement
Firstly, you need to understand the type of lease in place. Renting a property can be under different types of leases ranging from month-to-month leases to standard 1-year leases.
Step 2: Name the parties involved
Secondly, identify the parties to the agreement and name them in the letter. The parties are the landlord and the tenant. Each party should be identified by their name and address in the letter.
Step 3: Reference the original agreement
Next, reference the lease agreement in place and identify it in the lease termination letter. The agreement should be identified by stating when it was signed into effect and the associated property it was meant for. The property should be discussed by its address and other identifiers, such as the house unit number.
Step 4: Specify the date
The letter should specify the new end date of the lease. The date must indicate the day, month, and year. It can also indicate the time.
Step 5: Explain the reason for the termination
Since the termination of a lease can be due to various reasons, it is important to explicitly indicate the reason for termination in the situation at hand. This prevents confusion, ambiguity, and legal issues as to why the lease is being terminated and thus ensures the process is seamless.
Pro tip: Each termination letter should be based on a valid and objective reason. Such reasons include the premises being unsuitable for living or whenever landlords fail to properly maintain the premises by making the needed repairs.
Step 6: Include a forwarding address
A forwarding address should be provided for the recipient of the letter to use should they have to send other documents, such as checks or notices. The forwarding address must also show the name to which the correspondence should be addressed.
Step 7: Add signatures
The party sending the letter must sign the letter as a way of authenticating the contents of the document. An unsigned letter of lease termination may be difficult to enforce.
Step 8: Add proof of service
Lastly, the sender must sign an affidavit of service if they use a third party to serve the lease termination letter. The affidavit is then issued to the recipient upon delivery of the letter and thus acts as proof of service that the letter was delivered successfully.
Sample Lease Termination Letter
Sample 1Â
James Curry
123 Green Park Street
Melbourne, ARK 8711
To landlord:
Charles Avery
123 Clifford Lane
Melbourne, ARK 8711
Dear Mr. Avery,
This letter is an official notice of my intention to terminate the lease dated February 2, 2022, for the occupancy of Harbor View Heights, Apt 10B, 123 Green Park Street. I intend to vacate the unit at the end of the lease on February 2, 2023. I am terminating the lease as I intend to leave the city of Melbourne and can thus no longer continue the lease.
Kindly schedule an inspection to check the condition of the house. You should forward the security deposit and any other notice to the following:
James Curry
44 Crenshaw Park
Austin, TX 29002
Sincerely,
James Curry
[Signature]
Sample 2
Hanna Baker
Mildew 4th Street
Bristol County, PA 1008
To tenant:
Chris Hunt
53 St James Muller Avenue
Bristol County, PA 1008
Dear Mr. Hunt,
I wish to inform you that, unfortunately, we will be terminating the lease agreement dated September 20, 2022, for the two-bedroom apartment located at 53 St. James Muller, Bristol County. The new end date is January 30, 2023, as opposed to the initial end date of September 20, 2023. The termination comes from a recent property sale to a new owner.
You shall be fully refunded your security deposit in a week. We urge you to forward any correspondence to the following address:
Harrison Krugger
Manager Hatcher Property Holdings
Sherlock Lane,
Oregon County, NJ 93033Â Â Â Â
Thank you for being so cooperative.
Sincerely,
Hanna Baker
[Signature]
Consequences of Not Issuing a Lease Termination Letter
A lease agreement is a legal document that has legal repercussions if violated. This prevents any party from terminating a lease outside the terms and conditions of an existing lease agreement. Tenants and landlords may have different consequences when they terminate a lease without sending a lease termination letter.
A landlord may have to pay penalties or legal fees, spend unnecessary time attending court proceedings, or have the lease extended automatically. Additionally, the landlord would have to find and hire a lawyer and refund the security deposit, and tenants can also sue for hardship as they struggle to find a new place to rent.
In contrast, a tenant may lose their security deposit, get charged the rent equivalent for the remainder of the lease, get sued, or damage their credit score. Their credit may be damaged for the next seven years as a consequence.
Required Termination Notice
The termination notice periods differ from state to state. It is, therefore, important to check the termination requirements within the state where the property is located.
Below is a table that indicates the notice periods in different states:
AL § 35-9A-441 | MT § 70-24-441 |
AK § 34.03.290(b) | NE § 76-1437(2) |
AZ § 33-1375 | NV NRS 40.251 |
AR § 18-17-704 | NH § 540:11(2) |
CA § 1946 | NJ § 2A:18-56 |
CO § 13-40-107 | NM § 47-8-37 |
CT § 47a-23 | NY § 232-b |
DE Title 25 § 5106 | NC § 42-14 |
FL § 83.57 | ND § 47-16-07.2 |
GA § 44-7-7 | OH § 5321.17 |
HI § 521-71 | OK § 41-111 |
ID § 55-208 | OR § 91.070 |
IL 735 ILCS 5/9-207 | PA § 250.501 |
IN § 32-31-1-1 | RI § 34-18-37 |
IA § 562A.34 | SC § 27-40-770 |
KS § 58-2570 | SD § 43-32-13 |
KY § 383.695 | TN § 66-28-512 |
LA CC 2728 | TX § 91.001 |
ME Title 14 § 6002 | UT § 78B-6-802 |
MD § 8-402 | VT § 4467 |
MA § 186-15B | VA § 55.1-1253(A) |
MI § 554.134 | WA § 59.18.200 |
MN § 504B.135 | WA (D.C) § 42–3505.54(a) |
MS § 89-8-19 | WV § 37-6-5 |
MO § 441.060 | WI § 704.19 |
WY No statute |
Frequently asked Questions
How to deliver a lease termination letter?Â
You should use a delivery method to send the lease termination letter. You can use certified mail (USPS), where a receipt is issued after the successful delivery of the letter. Also, you can use hand delivery or any other state-approved delivery method and get the recipient’s signature once the letter has been received.
Should you hire an attorney to write your lease termination letter?
You do not have to hire an attorney to write a lease termination letter on your behalf. However, first-timers should consider hiring one or utilizing a template.
What happens when a tenant ignores a lease termination letter?Â
First, you must confirm that the tenant received the letter and obtain proof of receipt. If they did and chose to ignore it, you should contact the tenant in person to find a solution. If this approach does not work, you can send an eviction notice.