Do you need to terminate a lease?
If so, you need a lease termination form. If you file an eviction without properly informing the tenant, the tenant could win a case against them in court and be ordered to pay damages to the tenant, as well as the tenant’s attorney’s fees.
Why would you terminate a lease? Landlords typically terminate a lease because the tenant is not paying rent or has committed some other breach of the lease, such as intentionally damaging the property. Most states require that the landlord give tenants the opportunity to correct curable violations of the lease, such as late rent or having a dog on the premises when pets are not allowed.
You must give your tenant a Termination of Lease form, even if you and the tenant do not have a lease. A lease termination gives the occupant of your property legal notice of your intentions. If the occupant fights the eviction in court, you may present proof that you gave them notice of termination of the lease.
The notice may be delivered to the tenant through the US mail, delivered by hand, or posted on the tenant’s door. If the notice is mailed, the tenant may be entitled to additional time for mailing.
If you accept a tenant’s late rent payment, either in full or in part, or if the tenant corrects a fixable breach of the lease, you will give up your right to terminate the tenancy in most states. You can terminate the lease the next time the rent is due if the violation occurs again. Be sure to comply with your state’s requirements when terminating a lease.
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