Landlords may send their tenants a 30-day notice to vacate letter (or a lease termination letter) to end a month-to-month lease. Similarly, tenants may send a notice to vacate to their landlords to inform them of their decision to move.
Nevertheless, changes in personal circumstances may necessitate landlords and tenants to withdraw the notice afterward.
But can a notice to vacate be withdrawn? The answer is yes; a notice to vacate can be withdrawn — under mutual agreement, within the notice deadline, and in adherence to terms of the lease.
Read on to learn about the steps landlords and tenants can take to withdraw their notice.
Note
A notice to vacate is different from an eviction notice. A notice to vacate indicates the termination of a lease, sometimes upon the end of a lease term. An eviction notice, on the other hand, requires the tenant to vacate the property due to lease violations (e.g., failure to pay rent) and is filed with the court to initiate the eviction process.
How to Withdraw a Notice to Vacate
Typically, whether you are a landlord or a tenant, you can only withdraw a notice to vacate when all conditions below are met:
- You have reached a mutual agreement, i.e., both the landlord and the tenant agree to the withdrawal of the notice;
- You propose and intend to withdraw the notice before the end of the notice period;
- Your original lease does not contain any provisions prohibiting the withdrawal of a notice to vacate.
Here’s a structured approach to understanding and navigating this process:
Step 1: Initiate Early Dialogue
Initiate a conversation with the other party to understand their position and discuss potential solutions.
Landlords:
If your tenant already started to plan for moving, they may not be willing to continue staying in the rental unit. In such a case, you could be asked to compensate for the expenses incurred due to your notice.
Before you do so, consider the current rental property market, the difficulty in finding a new tenant, outstanding rent, and the overall history of the tenancy (e.g., if the tenant pays on time) to determine if it’s “worth” to keep the tenant.
Tenants:
Contact your landlord as soon as you realize you need to withdraw your notice. Explain your reasons and be prepared to discuss potential implications or concerns.
Be open to negotiating new lease terms that may include compensating the landlord for any losses incurred due to your decision, such as expenses associated with finding new tenants.
Step 2: Document the Withdrawal
If the other party agrees to the withdrawal, whichever party that sent out the notice in the first place should have the notice returned to them. Then, completely strike through the notice and write clearly in any available space:
THIS ______________ [Original letter title, e.g., NOTICE OF TERMINATION] IS HEREBY VOIDED BY ___________ [Your name, printed] and __________ [The tenant’s name, printed] on ___________ [Date of statement].
After writing this statement, both parties should sign below it to make the voidance official.
The party that sent the notice in the first place should keep the original voided notice. The other party can keep a copy if they intend to keep it as evidence.
Step 3: Create a New Agreement
After the notice is voided, work towards an agreement on renewed lease terms or an extension. Ensure any new agreements or changes to the lease terms are accurately documented.
A renewal often involves signing a new lease with potentially updated terms, while an extension simply prolongs the existing lease’s end date. The landlord and the tenant should choose whichever best fits their need for flexibility or stability in the lease agreement.
FAQs
Is a notice to vacate the same as an eviction notice?
No. A notice to vacate is used by
1) the tenant to give proper notice to the landlord that they will be moving out of the property, or
2) the landlord to end a month-to-month lease upon the end of a lease term or due to a lease violation (which in this case can also be referred to as a lease termination letter). Either way, it indicates the sender’s intent to terminate the lease.
An eviction notice (also called notice to quit) is used by landlords to evict tenants who violate their lease terms. It serves as the commencement of the eviction process.
If tenants haven’t resolved the issue or agreed to leave after receiving the notice, landlords must obtain a court order through the summary process.
If a landlord sends a notice to vacate but the tenant fails to vacate the property witin the notice period, an eviction notice can be sent to prepare for further action.
How much notice does a landlord need to give a tenant to move out?
Most states require rental property owners to give their tenants 30 days’ notice for month-to-month leases; however, local laws for fixed-term leases vary more significantly. Some leases also contain explicit clauses regarding how much notice is to be given should the landlord or the tenant wishes to terminate the lease after the fixed term ends.
Whether or not a state or city has laws on how much notice to give upon the termination of a fixed-term lease, it is often advised that landlords inform tenants at least 90 days prior to the end of a fixed-term lease regarding lease termination.
