Leases are usually in writing and specify how to terminate them. Notice must be given when ending a lease, and the property should be returned to pre-lease condition. Eviction procedures vary by jurisdiction.
When a landlord decides to enter into a lease with a tenant, the contract is usually reduced to writing to protect both landlord and tenant. Typically, the terms of the lease will dictate what is involved in terminating a lease. If there is no written agreement or there is a dispute, the laws of the jurisdiction where the property is located will decide what is involved in ending a lease. As a rule, the notice of intention to release or terminate the lease, returning the property to its original condition and the return of the deposit, form part of the termination of the lease. Of course, if the lease isn’t terminated by mutual agreement, a legal eviction process is needed to end a lease.
Most lease agreements have a specific start and end date. What many tenants don’t realize, however, is that despite the fact that the lease has a specific expiration date, notice must still be given to the landlord when ending a lease in many cases. The reason for this is that, under the laws of many jurisdictions, a lease becomes a periodic lease when the original terms expire, meaning it becomes a monthly lease after the lease term expires. This actually protects the tenant in the event that he wishes to stay beyond the expiry of the lease, in the sense that he is not required to leave the property at the end of the lease without notice from the landlord.
Adequate notice must be given if the tenant intends to vacate the property. Most lease agreements specify how much notice is required; however, a common notice requirement is 30 days. The communication must be given in writing and sent by certified or registered mail to the lessor. If the landlord wishes to terminate the lease, he must also give the same notice to the tenants.
Aside from the notice, the other common practices involved in terminating a lease are returning the property to pre-lease condition and securing the deposit money from the landlord. The property should be cleaned and any alterations repaired at the end of the lease. Many jurisdictions require the landlord to send a detailed list of any repairs or security deposit charges to the tenant within a reasonable time after the tenant leaves the property. After these deductions, the deposit must be returned to the tenants.
If the lease does not end by mutual agreement, the landlord must present the proper documents to initiate eviction proceedings. The exact procedures for evicting a tenant vary, but generally include filing with small claims court and notifying tenants of the proceedings. In many cases, landlords must give tenants an opportunity to address, or fix, the reason for the eviction before a judge orders an eviction.
Protect your devices with Threat Protection by NordVPN
