February 6, 2024
Last Updated
As a landlord, it’s essential to know all the different notices you can give your tenants, including the 60-day notice to vacate or the 60-day eviction notice. This notice informs the tenant that they must move out of the rental property within 60 days or less.
Writing a 60-day notice to vacate can be overwhelming for new landlords. However, it’s crucial to have a template for each notice type on file to write up quickly when needed. This article will guide you through writing a 60-day eviction notice, saving you time and 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 legal document a landlord provides to a tenant. It informs the tenant that they must move out of the property by a specific date, which is at least two months away. This notice gives the tenant information on why the lease is ending, when they must move out, 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 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 or eviction notice depends on state and local laws. 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.
A 60-day eviction notice is usually used whenever a periodic tenancy ends. This notice can often be used to end a tenancy without other cause for month-to-month tenancies. This notice can be used for annual leases to inform tenants that you will not renew their lease.
Additionally, this letter can be used for either month-to-month or annual leases when the property will be sold, demolished, or otherwise unavailable for rental.
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.
Related: Download the notice to vacate template here.
How to Write a 60-Day Notice to Vacate
Writing the 60-day eviction notice can be confusing for landlords without any prior experience with this notice type. Because this notice can be used in various situations, giving all the correct information is essential to clarify why and when the tenancy will end.
Start with the Basics
Writing a 60-day notice to vacate can be confusing for landlords who haven’t had any prior experience with this notice type. Start with the basics by including all the essential information about the property and notice, such as the date, location, tenant name(s), landlord name(s), property address, and lease details.
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 they have a legal right to know.
Without giving this identifying information, the tenant could say that the notice was not accurate or precise enough for them to understand should they decide to challenge it.
Give Exact Notice
Let the tenant know precisely how long they can stay on the property. You can give the tenant more than two months, depending on the reason for giving notice. However, 60 days is the minimum notice you should provide a tenant with this document.
Provide information on how the keys should be delivered and what condition the property is expected to be in. You could reference the lease section in this notice if you provided some of this information in the original lease.
Break Down 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 they owe and by when. Giving this information makes you more likely to 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. Only accept the rent money 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 them a final breakdown of any deductions from the security deposit within the required number of days of moving out.
The specific number of days 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 for the final inspection and how to contact you with any questions about the notice. It’s a good idea to explain why you will not be renewing the lease or extending the month-to-month tenancy any longer.
Sign and date. Then, deliver the letter according to your state’s delivery laws. You must provide the notice directly or by certified mail in most areas. Be sure to keep proof of delivery if the tenant challenges the notice.
What Happens If The Tenant Doesn’t Leave?
If the tenant doesn’t leave after receiving a 60-day eviction notice, the landlord can file for an eviction. The eviction process can vary from state to state, but it generally involves going to court and getting a judgment for possession of the property. You can file for eviction in some states as soon as that 60-day period ends. Other states require you to send another eviction notice, which would give the tenant three to five days to leave. Check your local laws to find out which category your property falls into.
You should formally file for eviction if the tenant still does not leave. 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 again award you control of your property, and the court will provide documentation to help you reinstate that control.
Will You Issue A Notice?
A 60-day notice to vacate or eviction notice is a crucial document for landlords to have on file. Understanding when to use it and how to write it correctly is essential. By following the guidelines in this article, you’ll be able to write a 60-day notice without any hassle.