There are many different notices that landlords can give to their tenants. From “cure or quit” notices to 14-day eviction notices, it can be hard to be familiar with every single notice option that could be used.
The simple fact, however, is that it is your job as a landlord to become familiar with each of the notice types so that you can put it into action if you need to. For most new landlords, that can seem like an overwhelming task.
Rather than waiting to learn about the 60-day eviction notice when you need it, why not write up your own version of this notice now? When you have templates available for each notice type in advance, you can more easily put the notices to use when you need them most.
Today, we’ll learn how to write a 60-day notice from landlord to tenant to vacate the property. By the end of this guide, you’ll be able to put together your own notice in no time, and that will save you money!
A Table of Contents for the 60-Day Notice to Vacate
- What is a 60-Day Eviction Notice?
- When to Use A 60-Day Notice to Vacate
- How to Write a 60-Day Notice to Vacate
- What Happens if the Tenant Doesn’t Leave
What is a 60-Day Eviction Notice?
A 60-day eviction notice is a notice provided by a landlord to a tenant to let them know that they will need to move out of the property by a specific date that is two months away, at a minimum.
This notice is provided to give the tenant information on why the lease is ending, when they must move out by, and how the move out will be handled.
Providing this notice to tenants as early as possible ensures a smooth move-out transition, so you should have a template for this type of notice on file to be able to write it up quickly when needed.
When to Use a 60-Day Notice to Vacate
The situations in which you would use a 60-day notice to vacate instead of a 30-day notice to vacate or another notice depends entirely on the state and local laws that are in effect where you live. This notice can be used without any reason for eviction except in rent-controlled areas where just cause is required to evict a tenant regardless of the lease.
In most cases, however, 60-day eviction notices are used whenever a periodic tenancy is going to be ending. For month-to-month tenancies, this notice can often be used at any time to end a tenancy without other cause. For annual leases, this notice can be used to let tenants know that you will not be renewing their lease.
This notice is most often used in cases where a weekly or monthly tenancy agreement is going to be ending. The agreements in question can be written or verbal.
Additionally, this letter can be used for either month-to-month or annual leases when the property is going to be sold, demolished, or otherwise unavailable for rental any longer.
Remember that in some states, there are different rules about how much notice must be given to a tenant for ending a lease depending on the reason.
The 60-day notice to vacate can be used anytime that 60 days or less notice is required by law. If less notice is required by law but you are choosing to use this letter, you must give the tenant at least 60 days to vacate regardless of the law.
How to Write a 60-Day Notice to Vacate
Writing the 60-day eviction notice can be confusing for landlords that haven’t had any experience with this notice type before. Because this notice can be used in a variety of situations, it is important to give all of the correct information to clarify why and when the tenancy will be ending.
Start with the Basics
Begin the notice with all of the basic information about the property and the notice:
- Tenant name(s)
- Landlord name(s)
- Property address
- Details of the lease (when signed, when expiring, who signed it, etc.)
All of these details need to be put into the notice to give the tenant clear and exact information about what the lease says, when the notice was sent, and other facts that they have a legal right to know.
Without giving this identifying information, the tenant could say that the notice was not accurate or clear enough for them to understand should they decide to challenge the notice.
Give Exact Notice
Let the tenant know until exactly what date they are allowed to stay on the property. Depending on the reason for giving notice, you can provide the tenant with more than two months of notice. However, 60 days is the minimum amount of notice that you should be giving a tenant with this document.
Let the tenant know how the keys should be delivered and what condition the property is expected to be in. If some of this information was provided in the original lease, you could reference that lease section in this notice.
Breakdown Rent Due
Let the tenant know how much rent they will owe you. If the 60-day notice will leave off in the middle of a rental period, calculate the prorated rent and let them know how much will be owed and when. Giving this information clearly makes it more likely that you will receive your final months of rent payment.
If the tenant overpays you for any partial months and you accept the overpayment, the tenant could have a legal right to stay longer, and you would need to send out a new 60-day notice. Do not accept more rent money than you should be receiving.
Disclose Security Deposit
Remind the tenant how much money they paid as a security deposit on the property and where that money is being held according to state laws. Inform them that you will give a final breakdown of any deductions from the security deposit to them within the required number of days of moving out.
The specific number of days that you can take to do this depends on your state and local laws.
Close the Letter
Close the letter with information about when you would be available the do the final inspection and how to contact you with any questions about the notice. At this point, it’s a good idea to give an exact reason for why you will not be renewing the lease or extending the month-to-month tenancy any longer.
Sign and date. Then, be sure to deliver the letter according to your state’s delivery laws. In most areas, you must deliver the notice directly or by certified mail. Be sure to keep proof of delivery in case the tenant should challenge the notice.
What Happens if the Tenant Doesn’t Leave
If the tenant does not move out by the end of the 60 day period or alerts you that they will not be moving out, you may be able to file for eviction.
In some states, you can file for eviction as soon as that 60-day period ends. In other states, you are required to send another notice of eviction, which would give the tenant between three and five days to leave. Check your local laws to find out which category your property falls into.
If the tenant still does not leave, you should formally file for eviction. From here, the court will check out your case and serve notices to both you and your tenant about an eviction trial. Winning the eviction trial will award you control of your property again, and the court will provide documentation to help you reinstate that control.
The 60-day eviction notice is a very useful tool when you do not want to renew a lease, you plan to sell a property, or you have an ongoing month-to-month tenancy that you no longer wish to continue.
Regardless of the reason for using this notice, be sure to include all of these important details when writing it:
- Property and tenant identifying details
- Date the tenant must leave by
- What will happen to the security deposit
- How much rent is owed
By clarifying all of this information in the notice, you can answer all of your tenant’s questions before they even ask them. This will cut down on any miscommunication and help ensure a speedy, smooth transition.