Table of Contents
- Download a Free Lease Termination Letter
- The Basics: What is a Lease Termination?
- When Do I Need One?
- The Consequences of Not Using a Lease Termination
- The Most Common Situations For Termination
- What Should be Included?
1. Download a Free Lease Termination Letter
Related Documents: Click to View
Still not what you’re looking for? View all our legal forms here.
2. The Basics: What is a Lease Termination?
A Lease Termination is needed when a Lease or Rental Agreement between a Landlord and Tenant is being ended.
There are two ways to end a lease and get both parties off the hook from their obligations.
- If only ONE party wants to end the relationship, the Landlord or Tenant may unilaterally send a Notice of Termination to the other party.
- If BOTH parties agree, the Landlord and Tenant may sign a mutually agreed upon Termination Agreement.
A simple Notice of Termination or Termination Agreement will identify the following basic elements:
- Landlord: name of the party who owns the Premises being rented
- Tenant: name of the party who rents the Premises and pays the Landlord
- Original Lease or Rental Agreement: name, start, and end date of agreement
- Vacate Date: when the Tenant will move out and leave the property
- Forwarding Address: where to send future notices or security deposit
- Reason for Termination: an explanation for ending the agreement
A Notice of Termination can be used to end an agreement early or to confirm that an expiring lease term will not be renewed.
As a reference, a Lease Termination goes by several other names:
- Early Lease Termination Letter
- Notice of Lease Termination
- Notice of Termination
- Notice of Terminating Tenancy
- Notice to End Tenancy
- Release of Lease Agreement
- Termination Agreement
3. When Do I Need One?
When do you need a Lease Termination?
Some Rental Agreements require notice be sent if the landlord-tenant relationship will end. If you want to end your agreement early, use a Notice of Termination to officially communicate the need to end the agreement. For example, a yearly rental agreement may automatically renew unless one month or two month’s notice is given. Advanced warning gives the Landlord time to find another renter and provides the Tenant enough time find a new home.
Some states require that a minimum number of days’ notice be given to a Tenant before ending a periodic or month-to-month tenancy. Click here to prepare an Eviction Notice with the statutory minimum notice requirements for periodic tenancies.
In situations where the Landlord is evicting the Tenant, a notice or agreement shows the court that the Landlord gave a fair warning. Hopefully, the Landlord has been documenting all the written letters and notices being sent to the Tenant. A good paper trail can save the Landlord time in the future if a judge becomes involved.
As the Tenant, you may have a very good reason to end your agreement early. If you have asked your Landlord to fix the heater during the winter with no luck, you may find it useful to send a final letter. A Tenant’s Notice of Termination to the Landlord can explain why you believe the Landlord has violated the Implied Warranty of Habitability and why you need to end the agreement and find a warm home for you and your family.
4. The Consequences of Not Using a Lease Termination
What happens if you don’t use one?
If you do not use a Notice of Termination Agreement, the court may not sympathize with your situation. The law does not look well upon Tenants who simply move out without any notice or Landlords who kick out their Tenants without any advanced warning. Society is better off when people can expect that their Rental Agreement for one year will be honored.
Instead of simply leaving, Tenants are expected to have adult conversations with their Landlords about why they need to leave. Tenants can offer to sublet the place to another trustworthy person or give the Landlord a chance to fix the heater (if they haven’t already).
Here are some of the possible consequences of not using a Termination Letter.
|Loss of Money||Loss of Money
|Loss of Time||Loss of Time
|Mental Anguish||Mental Anguish
If a Tenant moves out unexpectedly without notice, a Landlord might have to take reasonable steps to find another renter. Click on the map below to find out if Landlords in your state have the duty to mitigate damages.
- Yes but...
Create your attorney-crafted Lease Termination form in minutes.
5. The Most Common Situations For Termination
When is a Termination Letter often used?
People often need a Lease Termination when circumstances change for either the Tenant or the Landlord.
Here are some common situations when you may need to end a lease early and leave before a Rental Agreement expires.
6. What Should be Included?
A simple Notice of Termination or Termination Agreement will address the following:
- When the Tenant must leave and whether a walk through should be done
- Where the Landlord should forward future notices or security deposit
- Why the Rental Agreement is being ended or not renewed
- What is the original start and end date of the Rental Agreement