Proceed carefully when ending a tenancy, as it can become a legal issue. As a tenant, you may be frustrated with your landlord's lack of attention to repairs that are required to make your unit habitable or safe. Alternatively, it may be the end of your lease, and you intend to move. If you are a landlord, your tenants may have violated certain provisions of the lease that require them to vacate the property. Alternatively, it may be the end of the lease term, and you do not intend to renew it with the tenant. All parties to a tenancy agreement must state their intentions in writing to avoid misunderstandings.
Tell the landlord what needs to be repaired, if there are unresolved health or safety issues with the dwelling. If you plan not to renew your lease or you are giving a 30-day notice on a month-to-month rental agreement, explain the termination of your tenancy in person first.
Check your long-term lease agreement for the amount of notification required prior to terminating tenancy. Normally, you will be required to give a 30-day notice, but state law and your lease provisions may state differently.
Follow up your conversations with a letter. Write your name, the date, the landlord's name and address, the unit address and the term of the tenancy at the top of your letter.
Detail complaints and past dates when you approached the landlord about making required repairs. Give the date by which you expect all repairs to be made. Explain clearly that you will vacate the unit if you are not satisfied with the finished work.
Write the date that you will be vacating the unit if you are leaving due to the end of a rental term. Ask the landlord, in writing, to give you a reference letter for future housing.
Ask the landlord to inspect the unit for the return of your security deposit. Ensure that you are given notice prior of the landlord entering your unit if you still are paying the rent and occupying it.
Give your forwarding address in the letter to the landlord so that it is clear how to reach you and where to send your security deposit refund. Sign your letter and send it via certified mail, with a return receipt requested, so that you receive notification of delivery.
Visit the tenants at least 30 days prior to the lease expiration and explain that you will not be renewing the tenancy. If misconduct or violation of lease provisions is an issue, explain that to the tenants and tell them how many other times you have had to bring the same complaints to their attention.
Follow up your conversation in writing, regardless of the reason for terminating the tenancy.
Write your name, the date, the tenant's name and address, and the term of the tenancy at the top of your letter.
List the dates and violations that were discussed with tenants. Explain in the letter that, if the misconduct does not cease by a certain date, the lease will be terminated.
Tell the tenants in writing, at least 30 days prior to the end of the lease, that you will not be renewing the tenancy at the end of the term and give the date by which they must vacate. The 30-day period to give notice also applies to tenants who are on a month-to-month rental agreement.
Ask the tenants to notify you when the unit is ready for the security deposit refund inspection. Sign the letter and direct the tenants to sign it. Request a forwarding address where you can send the refund. If you are mailing the letter, send it via certified mail, with a return receipt requested, so that you are notified of its delivery.