Writing a 60-Day Notice to Vacate Your Apartment
Quick answer
- Review your lease agreement for specific notice requirements.
- Draft a clear, concise letter stating your intent to vacate.
- Include your name, apartment address, and the date you plan to move out.
- Specify your forwarding address for the return of your security deposit.
- Deliver the notice according to your lease terms (certified mail is often recommended).
- Keep a copy of the notice and proof of delivery for your records.
Who this is for
- Renters who have decided to move out of their apartment at the end of their lease term or under a month-to-month agreement.
- Individuals who need to provide their landlord with the legally required notice period before vacating.
- Tenants looking for a clear, step-by-step guide to ensure they meet their lease obligations and protect their security deposit.
What to check first (before you act)
Your Lease Agreement
This is your primary guide. It will outline the exact number of days’ notice required, how that notice must be delivered (e.g., certified mail, in-person), and any specific information that must be included. Not adhering to these terms can lead to complications, like owing rent beyond your intended move-out date or forfeiting your security deposit.
Your Move-Out Timeline
Be realistic about when you need to be out. Factor in time for packing, cleaning, arranging movers, and transferring utilities. A 60-day notice is a significant commitment, so ensure it aligns with your actual moving plans.
Your Financial Situation
Understand your current cash flow and any potential financial obligations related to moving. This includes covering rent for the notice period, potential moving expenses, and ensuring you have funds for a new residence.
Any Outstanding Debts or Penalties
Review your lease for any clauses that might impose penalties for breaking the lease early or for not providing proper notice. If you have any outstanding rent or fees, address them before submitting your notice.
Impact on Your Security Deposit
Your lease and local laws will dictate how your security deposit is handled. Proper notice is crucial for ensuring you receive your deposit back, minus any legitimate deductions for damages beyond normal wear and tear.
Step-by-step (simple workflow)
1. Locate and review your lease agreement.
- What to do: Find your copy of the lease and read the section on lease termination or notice to vacate. Pay close attention to the required notice period (e.g., 60 days) and the method of delivery.
- What “good” looks like: You clearly understand the notice period and how to submit it.
- Common mistake: Assuming the notice period is standard.
- How to avoid it: Always refer to your specific lease, as requirements can vary.
2. Determine your exact move-out date.
- What to do: Decide on the last day you intend to occupy the apartment. This date will be the end of your notice period.
- What “good” looks like: A firm date that allows ample time for moving logistics.
- Common mistake: Setting a move-out date without considering moving time.
- How to avoid it: Plan your packing and moving schedule before finalizing your move-out date.
3. Draft your notice letter.
- What to do: Write a formal letter addressed to your landlord or property management. Include your full name, current apartment address (including unit number), and the date you are writing the letter.
- What “good” looks like: A clear, professional, and complete letter.
- Common mistake: Using informal language or omitting key information.
- How to avoid it: Stick to a formal, business-letter format.
4. State your intent to vacate clearly.
- What to do: In the letter, explicitly state that you are providing notice to vacate your apartment. Include your intended move-out date.
- What “good” looks like: An unambiguous statement of your intent.
- Common mistake: Vague phrasing that could be misinterpreted.
- How to avoid it: Use direct language like “I am writing to provide notice of my intent to vacate…”
5. Include your forwarding address.
- What to do: Provide a valid mailing address where your security deposit refund and any other correspondence can be sent after you move out.
- What “good” looks like: A complete and accurate forwarding address.
- Common mistake: Forgetting to provide a forwarding address, delaying deposit return.
- How to avoid it: Double-check the address for typos.
6. Sign and date the letter.
- What to do: Sign your name above your typed name and add the current date.
- What “good” looks like: A properly signed and dated document.
- Common mistake: Submitting an unsigned or undated letter.
- How to avoid it: Always review the letter for completeness before submission.
7. Prepare for delivery.
- What to do: Make at least two copies of the signed notice. One for your records, and one to send to your landlord.
- What “good” looks like: You have duplicates and are ready to send.
- Common mistake: Not making copies.
- How to avoid it: Always keep copies of important documents.
8. Deliver the notice according to your lease.
- What to do: Send the notice via the method specified in your lease. Certified mail with a return receipt requested is highly recommended for proof of delivery.
- What “good” looks like: You have proof that the landlord received the notice by the required deadline.
- Common mistake: Relying on verbal notice or regular mail.
- How to avoid it: Follow your lease’s delivery instructions precisely and get proof.
9. Keep proof of delivery.
- What to do: Store the copy of your notice and the certified mail receipt in a safe place.
- What “good” looks like: You have documentation that protects you if disputes arise.
- Common mistake: Losing or discarding proof of delivery.
- How to avoid it: File it with other important lease documents.
10. Continue to fulfill lease obligations.
- What to do: Pay rent on time and maintain the property until your official move-out date.
- What “good” looks like: You are a responsible tenant throughout your tenancy.
- Common mistake: Neglecting responsibilities after giving notice.
- How to avoid it: Remember your lease is still in effect until the last day.
Common mistakes (and what happens if you ignore them)
| Mistake | What it causes | Fix |
|---|---|---|
| Not checking the lease agreement | Missing the required notice period, improper delivery, potential penalties. | Always read your lease for specific requirements before acting. |
| Providing less than the required notice | May owe rent for the full notice period, potential loss of security deposit. | Provide the full notice period as specified in your lease. |
| Using an informal or incomplete letter | Landlord may claim they didn’t receive proper notice, leading to disputes. | Draft a formal, clear letter with all required information. |
| Not specifying the move-out date | Ambiguity about when your tenancy ends, leading to potential rent disputes. | Clearly state your exact intended move-out date in the letter. |
| Forgetting to include a forwarding address | Delayed or non-receipt of your security deposit refund and other correspondence. | Ensure your forwarding address is accurate and complete in the notice. |
| Not making copies of the notice | No proof of submission if disputes arise regarding notice delivery. | Always keep a copy of the signed notice for your records. |
| Improper delivery method | Landlord may claim they did not receive notice, leading to lease violations. | Follow your lease’s specified delivery method (e.g., certified mail). |
| Not obtaining proof of delivery | Lack of evidence that the notice was received by the landlord. | Use certified mail with return receipt requested or get a signed acknowledgment. |
| Failing to pay rent during the notice period | Eviction proceedings, negative impact on credit score, collections. | Continue to pay rent and fulfill all lease obligations until your move-out date. |
| Neglecting property maintenance | Deductions from your security deposit for damages beyond normal wear and tear. | Keep the apartment clean and report any necessary repairs promptly. |
Decision rules (simple if/then)
- If your lease requires 60 days’ notice, then you must provide written notice at least 60 days before your intended move-out date because this is a contractual obligation.
- If your lease specifies delivery by certified mail, then you must send your notice via certified mail because deviating from this method may invalidate your notice.
- If you are unsure about the exact notice period, then re-read your lease agreement carefully because it is the definitive source of your obligations.
- If you are moving out mid-lease, then consult your lease and local tenant laws regarding early termination penalties because breaking a lease can have significant financial consequences.
- If you provide notice less than 60 days before moving out, then you may still be responsible for rent for the full 60-day period because you did not meet the contractual notice requirement.
- If your landlord accepts rent after your intended move-out date, then your tenancy may be extended on a month-to-month basis because accepting rent implies agreement to continue the tenancy.
- If you have any doubts about the legal requirements in your area, then consult a local tenant’s rights organization or an attorney because laws vary by jurisdiction.
- If you are providing notice for a month-to-month tenancy, then check your lease or local laws, as the notice period might differ from a fixed-term lease.
- If your landlord makes deductions from your security deposit, then review the deductions against your lease and local laws to ensure they are legitimate because you have the right to dispute unfair charges.
- If you are unsure if your notice was received, then follow up with your landlord in writing, referencing your proof of delivery because documentation is key.
FAQ
Q: What if my lease doesn’t specify a notice period?
A: If your lease is silent on notice periods, then state law or local ordinances will typically govern. Many areas require 30 days’ notice for month-to-month tenancies. It’s best to check your local tenant-landlord laws or consult a legal professional.
Q: Can I give verbal notice to vacate?
A: While some landlords might accept verbal notice, it is highly inadvisable. Most leases require written notice, and verbal notice provides no proof. Always follow the written requirement in your lease.
Q: What if my move-out date falls on a weekend or holiday?
A: If your lease specifies a number of days, it usually means calendar days. If the final day falls on a weekend or holiday, your lease or local law may allow you to vacate on the next business day. Confirm this with your landlord or local regulations.
Q: How do I prove my landlord received the notice?
A: The best way is to send your notice via certified mail with a return receipt requested. The post office provides a receipt when you mail it, and the return receipt serves as proof of delivery when signed by the recipient.
Q: What if my landlord refuses to accept my notice?
A: If you are using the correct delivery method specified in your lease (like certified mail), and the landlord refuses it, you still have proof of mailing. You can also try delivering it in person with a witness and having them sign a copy acknowledging receipt.
Q: Do I need to clean the apartment after giving notice?
A: Yes, you are generally expected to leave the apartment in good condition, typically as clean as it was when you moved in, allowing for normal wear and tear. Check your lease for specific cleaning requirements.
Q: What happens if I don’t give proper notice?
A: You could be held responsible for paying rent for the entire notice period, even if you move out sooner. You might also forfeit your security deposit or face legal action for breach of contract.
Q: Can I break my lease if I give 60 days’ notice?
A: A 60-day notice is typically for ending a lease at its natural conclusion or for a month-to-month tenancy. If you are trying to leave before your fixed-term lease ends, this is considered breaking the lease, and you may face penalties unless your lease or local laws allow for early termination under specific circumstances.
What this page does NOT cover (and where to go next)
- Specific legal advice for your situation. Consult a tenant’s rights organization or a legal professional for personalized guidance.
- Negotiating lease buyouts or early termination clauses. This often requires a separate discussion with your landlord.
- Detailed information on security deposit laws in your specific state or city. Refer to your local housing authority or tenant resources.
- The process of finding a new apartment or arranging moving services. These are separate logistical tasks.
- Disputes with your landlord regarding property condition or repair issues. These may require mediation or legal intervention.