- One year or longer : Three months
- Six months or more, but less than one year : One month
- One month or more, but less than six months : 21 days
- One week or more, but less than one month : Three days (also applies to a tenancy at will)
- Under one week : One day
Larger cities often have special requirements for advance notice. For example, at the state level in Illinois, most tenancies may terminate with 30 days of notice, but the city of Chicago requires at least 120 days of notice to terminate tenancies that have lasted three years or longer. Check local notice requirements carefully.
Calculating Notice Periods
Timing a lease termination letter can often be confusing for both tenants and landlords, because the notice typically takes effect on the next date that rent is due rather than the 30th day after the notice is given. A notice given in the middle of a rental period typically causes the lease to terminate at the end of the next rental period.
When rent is due on the first of the month, a 30-day termination letter given on September 10th will terminate the lease on November 1st. Terminating at the end of September would require notice delivered by August 31st at latest, to allow at least 30 days of notice before the end of the next rental period. Note that missing the timing just a few days can push termination off for an entire month , or more.
Step 2: Write Termination Letter
Month-to-month rental agreements normally end by sending a lease termination notice to the other party, using the appropriate amount of advance notice required by state law. Each lease termination letter should include the following:
- Date
- Rental property address
- Any updated contact information
- Notice date of delivery
- State notice requirements (in days)
- Signature and printed name
- Certification of service with:
- Date delivered
- Method of delivery (by hand, by mail, etc.)
- Landlords name, address and phone number
- Date
- Rental property address
- Any updated contact information
- Notice date of delivery
- State notice requirements (in days)
- Security deposit return (amount)
- Address to mail the security deposit
- Signature and printed name
Step 3: Proof of Service
The ideal method (in legal terms) for delivering a lease termination letter to the other party is hand delivery in person . This is the gold standard for delivery and will be accepted as a valid form of service in all states.
When hand delivery to the other party in person isn’t possible, most states will also accept hand delivery to a person of suitable age and discretion on the property, who can accept the notice on the other party’s behalf . For landlords delivering to tenants, this is preferably a member of the tenant’s family who lives on the rental property with the tenant.
If no form of hand delivery is possible, most states allow posting the notice at a conspicuous place on the property , such as the entry door, AND/OR delivering the notice by registered or certified mail with a return receipt to get signed confirmation of delivery to the other party.
While hand delivery in person is an acceptable form of service in all states, requirements can otherwise differ dramatically , including city to city within the same state. A lease won’t terminate without valid notice, so check state and local laws carefully to ensure full compliance.
Sources
A tenancy without a specific duration, as defined in s. 83.46(2) or (3) , may be terminated by either party giving written notice in the manner provided in s. 83.56(4) , as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period; (2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period; (3) When the tenancy is from month to month, by giving not less than 30 days’ notice prior to the end of any monthly period; and (4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
Frequently Asked Questions
How Much Notice Is Required to Terminate a Lease? Lease termination notices vary based on lease type and state laws. In most states, there are no notice requirements for either party to end a fixed-term lease, the lease simply expires on the last day of the term. For month-to-month rental agreements, one month’s notice is typically required from either party. Be sure to check your lease and state requirements to find out when to provide notice. Read more » How Do You Write a Lease Termination Letter? When writing a lease termination notice letter, you should include: (1) Date. (2) Rental property address. (3) The date notice begins. (4) State notice requirements (in days). (5) Signature and printed name. Read more »
