How to terminate a lease will depend on the circumstances. For example, a landlord or tenant may claim the other party is in violation of the lease, such as a by a tenant's failure to pay rent or being behind in rent, or a landlord's failure to provide essential services like heat and running water. In these situations, the way to terminate a lease will be governed by state landlord and tenant law. Residential rental property is subject to laws on how to break a lease and evictions that require sending a lease termination form a certain number of days in advance. State statutes specify how many days notice is required for sending a lease termination form letter, but typically a 30 day notice is required to evict a tenant. If the landlord is in violation of health and safety codes and some other instances, some laws allow termination by tenant without notice.
Sometimes the parties may cancel a lease by agreeing to a termination of lease through private negotiation. In these lease agreement termination situations, an early termination of lease agreement may be used to terminate a lease, and will be governed by contract law principles. Early lease termination by agreement is an enforceable way to end a lease through using the proper lease termination contract. In some rental agreements, there is an early termination clause that may be exercised according to its terms.
In the case of a month-to-month tenant, the landlord may opt for landlord lease termination without a reason by sending the required letter of lease termination. The advance notice required for lease termination letters is usually 30 days under state landlord tenant law, unless there is a written rental agreement that specifies otherwise. A sample lease termination notice which is state-specific, such as a sample termination letter or lease termination template offered by USLegalforms, must be used to legally enforce early termination.
Security Deposit Return
Residential landlord and tenant law or the terms in a commercial lease will govern returning a security deposit. Residential landlord tenant law typically requires a statement along with the eviction and lease termination notices, itemizing any deductions from the security deposit, such as overdue rent or cleaning charges. A rental lease termination sample may include a state required notice regarding a tenant's right to return of a security deposit.