Use our lease termination letter to end a month-to-month lease.
Updated August 30, 2024
Written by Sara Hostelley | Reviewed by Susan Chai, Esq.
A lease termination letter lets a landlord or tenant end a month-to-month lease in compliance with their state’s laws. Either party can send this notice in the middle of a tenancy at will, and the tenant will have a certain period to vacate the property.
A tenant can request early termination by writing an early lease termination letter, but the landlord doesn’t have to fulfill their request. A landlord may issue an eviction notice if they want to end a lease early for a violation on the tenant’s part.
A lease termination letter lets you end a month-to-month lease as a landlord or tenant. Even if your lease does not explicitly require written notice, using a lease termination letter can protect you in the event of a later dispute. A landlord or tenant will often present this document to the other party to ensure there’s no confusion about when the property will be vacant.
If a dispute arises with your attempt to terminate a lease, the court may not side with you if you didn’t use a termination letter. The law may not favor tenants who move out with notice or landlords who end a lease without proper notice. The standard notice period is 30 days, but it depends on whether you’re the landlord or the tenant and the state in which you live.
Explore some of the key differences between lease termination and eviction:
Each state has different guidelines on the notice a landlord or tenant has to give before terminating a month-to-month lease:
State | Tenants' Required Notice | Landlords' Required Notice | Laws | ||||
---|---|---|---|---|---|---|---|
Alabama | 30 days | 30 days | AL Code § 35-9A-441 | ||||
Alaska | 30 days | 30 days | AK Stat. § 34.03.290 | ||||
Arizona | 30 days | 30 days | AZ Rev. Stat. § 33-1375 | ||||
Arkansas | 30 days | 30 days | AR Code § 18-17-704 | ||||
California | 30 days | 30 days | CA Civ. Code § 1946 | ||||
Colorado | 91 days for a tenancy of one year or longer 28 days for a tenancy of six months or longer but less than one year 21 days for a tenancy of one month or longer but less than six months 3 days for a tenancy between one week and one month 1 day for a tenancy less than one week | 91 days for a tenancy of one year or longer 28 days for a tenancy of six months or longer but less than one year 21 days for a tenancy of one month or longer but less than six months 3 days for a tenancy between one week and one month 1 day for a tenancy less than one week | CO Rev. Stat. § 13-40-107 | ||||
Connecticut | No provision | 3 days | CT Gen. Stat. § 47a-23 | ||||
Delaware | 60 days | 60 days | DE Code tit. 25 § 5106 | ||||
District of Columbia | 30-120 days depending on the reason for termination | 30-120 days depending on the reason for termination | DC Code § 42-3505.54 | ||||
Florida | 30 days | 30 days | FL Stat. § 83.57 | ||||
Georgia | 30 days | 60 days | GA Code § 44-7-7 | ||||
Hawaii | 28 days | 45 days | HI Rev. Stat. § 521-71 | ||||
Idaho | 1 month | 1 month | ID Stat. § 55-208 | ||||
Illinois | 30 days | 30 days | 735 ILCS 5/9-207 | ||||
Indiana | 30 days | 30 days | IN Code § 32-31-1-1 | ||||
Iowa | 30 days | 30 days | IA Code § 562A.34 | ||||
Kansas | 30 days | 30 days | KS Stat. § 58-2570 | ||||
Kentucky | 30 days | 30 days | KY Rev. Stat. § 383.695 | ||||
Louisiana | 10 days | 10 days | LA Civ. Code Art. 2728 | ||||
Maine | 30 days | 30 days | ME Stat. Tit. 14 § 6002 | ||||
Maryland | 30 days | 60 days | MD Code, Real. Prop. § 8-402 | ||||
Massachusetts | Longer of 30 days or interval between days of payment. | Longer of 30 days or interval between days of payment. | MA Gen. Laws ch. 186 § 12 | ||||
Michigan | 1 month | 1 month | MI Comp. Laws § 554.134 | ||||
Minnesota | Lesser of 3 months or the interval between the time rent is due. | Lesser of 3 months or the interval between the time rent is due. | MN Stat. § 504B.135 | ||||
Mississippi | 30 days | 30 days | MS Code § 89-8-19 | ||||
Missouri | 1 month | 1 month | Montana | 30 days | 30 days | MT Code § 70-24-441 | |
Nebraska | 30 days | 30 days | NE Rev. Stat. § 76-1437 | ||||
Nevada | 30 days | 30 days | NRS § 40.251 | ||||
New Hampshire | 30 days | 30 days | NH Rev. Stat. § 540:3 | ||||
New Jersey | 1 month | 1 month | NJ Stat. § 2A:18-56 | ||||
New Mexico | 30 days | 30 days | NM Stat. § 47-8-37 | ||||
New York | 1 month | 30 days | NY Real Prop. Law § 232-B and NY Real Prop. Law § 226-C | ||||
North Carolina | 7 days | 7 days | NC Gen. Stat. § 42-14 | ||||
North Dakota | 1 calendar month | 1 calendar month | ND Cent. Code § 47-16-15 | ||||
Ohio | 30 days | 30 days | OH Rev. Code § 5321.17 | ||||
Oklahoma | 30 days | 30 days | OK Stat. tit. 41 § 111 | ||||
Oregon | 30 days | 30 days | ORS § 90.427 | ||||
Pennsylvania | No provision | 15 days | 68 PA Stat. § 250.501 | ||||
Rhode Island | 30 days | 30 days | RI Gen. Laws § 34-18-37 | ||||
South Carolina | 30 days | 30 days | SC Code § 27-40-770 | ||||
South Dakota | 15 days | 30 days | SD Codified Laws § 43-32-13 | ||||
Tennessee | 30 days | 30 days | TN Code § 66-28-512 | ||||
Texas | 1 month | 1 month | TX Prop § 91.001 | ||||
Utah | No provision | 15 days | UT Code § 78B-6-802 | ||||
Vermont | One rental payment period | 30 days | 9 V.S.A. § 4456 and 9 V.S.A. § 4467 | ||||
Virginia | 30 days | 30 days | VA Code § 55.1-1253 | ||||
Washington | 20 days | 60 days | WA Rev. Code § 59.18.200 and WA Rev. Code § 59.18.650 | ||||
West Virginia | 1 month | 1 month | WV Code § 37-6-5 | ||||
Wisconsin | 28 days | 28 days | WI Stat. § 704.19 | ||||
Wyoming | No provision | No provision | n/a | ||||
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Here are some considerations for handling security deposits at the end of the lease:
A landlord usually has 14 to 30 days to return a security deposit. The requirements vary by state, and there may be extended periods if the landlord has to adjust the amount for a partial refund.
If a landlord fails to pay a security deposit back, a tenant can submit a demand letter along with proof of their entitlement to the return. If the landlord refuses to comply, the tenant may have to take them to small claims court.
The tenant should provide a valid forwarding address so the landlord can send the refund properly. Without this address, the landlord may be unable to deliver the returned deposit within the appropriate period.
The lease notice terminating must be as clear and exact as possible. It is also essential to look at your local landlord-tenant laws to ensure the lease termination adheres to them. Depending on your lease agreement, a lease termination process may vary in complexity and steps.
Parties who want to deliver a simple document can follow these steps to write a lease termination letter:
Before starting your lease termination, look at the type of rental agreement you have and the information included. You will find the landlord’s and tenant’s obligations and rights in your lease agreement.
Your month-to-month lease agreement should include the required minimum notice to terminate. If it doesn’t, use your state’s laws.
Whether you’re the landlord or the tenant, write the names of the parties involved. Record your name and address at the top and address the recipient.
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In this form section, write when the landlord and tenant signed the original lease/rental agreement and when the lease will terminate. Ensure to include the property’s address.
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Write in the date when the tenant should vacate the premises. This date can be either (1) before the expiration of the lease term or (2) at the end of the lease term.
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For month-to-month lease agreements, the process is simpler, but the landlord must provide a fair warning. This fair notice is 30 days in many states, but some have other requirements. Usually, a landlord can send a termination midterm, as can the tenant.
Legal issues can arise through wrongful termination, so it is best to include a reason in your notice to document your decision.
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Write where to forward mail, future notices, or the security deposit.
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You will need a signed Affidavit of Service if you are not the person serving the termination letter.
The person serving the notice hands the signed letter to the intended recipient, the landlord or the tenant. This affidavit indicates that the party received the notice on a specific date.
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Download a lease termination letter template as a PDF or Word file to start writing your own.
Use this template to end a lease agreement with your tenant.
Use this template to end a lease agreement with your landlord.