Whether your lease is month-to-month or for a fixed term, the termination of a lease generally requires some type of action on the part of the landlord — even if there’s a set end date. When it’s time to end a tenancy, you need to know the proper ways to terminate a lease and how far in advance you’re required to provide your tenant with the notice of termination .
Note: This guide is for informational purposes only. Zillow, Inc. does not make any guarantees about the sufficiency of the information in or linked to from this guide, or that it’s compliant with current, applicable or local laws. Landlord-tenant laws change rapidly and may be regulated at the federal, state and local levels. This resource is not a substitute for the advice or service of an attorney; you should not rely on this resource for any purpose without consulting with a licensed attorney in your jurisdiction.
The termination of a lease agreement happens when a landlord or tenant ends the tenancy. Here are some common reasons for lease terminations :
Most fixed-term leases do not automatically renew, but you typically still need to send a termination letter. In some cases, a fixed-term lease will automatically renew — similar to a month-to-month lease. The main differences between these leases are their end dates.
A fixed-term lease has a set end date, typically after six months to one year.
A month-to-month lease automatically renews each month until it’s terminated.
Another reason for terminating a lease is if the tenant fails to uphold their rental obligations. A tenant may default on their lease in a number of ways, including:
In many situations, this type of lease termination is considered a violation of the lease. However, in some circumstances, a tenant may have a valid request to break a lease early , including when:
It’s important to know the rules for breaking a lease in your location — why a tenant may break a lease early and the amount of notice they must give. It’s a good idea to consult with a local lawyer to learn when and under what circumstances a tenant is permitted to end a lease early.
The full process for terminating a lease may vary based on its terms, applicable local laws and the circumstances for the lease termination . Here are some general steps for how to terminate a lease :
The lease agreement will usually contain a clause that specifies when you or your tenant may terminate the lease — along with how much notice must be provided. Check your lease agreement to determine what actions must be taken before you may terminate the tenancy.
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As a landlord, you are generally required to provide notice of the termination of tenancy . The type of notice — and the notice period — may vary depending on circumstances and local laws. Here are different types of lease terminations and their common notification periods:
End-of-lease notice: Common notice periods for end-of-term lease termination include 30, 60 and 90 days. Consult the lease and a local attorney to find the required notice period in your area and send your lease termination letter accordingly.
Lease violation notice: If the tenant violates the terms of the lease, you may be required to provide a lease violation notice and give the tenant a chance to correct the violation. If they fail to correct it in the allotted time (typically between 3 and 30 days, depending on local laws), you may be able to issue a notice to quit or have the right to begin the eviction process. Always consult a local attorney before initiating any eviction process against a tenant.
30-day notice to landlord: If a tenant wants to end the lease early, they are typically required to provide you with a written request that details the reason for breaking the lease. Local laws may vary, but generally the tenant must provide at least 30 days’ notice.
When it’s time for a tenant to move out, it’s good to do a final walkthrough inspection using the move-in checklist to flag any new damage or needed maintenance. This will help you determine if any portion of the tenant’s security deposit will need to be used for cleaning or repairs.
Once your tenant moves out, you’ll want to collect the keys to the rental, including:
It’s a good practice to change all locks and passcodes between tenancies for your next tenant’s safety.
The amount of time you have to return the security deposit will vary based on local law, but the countdown generally starts once the tenant moves out. Your lease should specify the situations when you can retain part or all of the security deposit. Generally, you may only use a security deposit to pay for:
Typically, a landlord may not terminate a lease unless the lease duration is up or the tenant violates the terms of the lease. Generally, terminating a lease for discriminatory or retaliatory reasons is never acceptable. Local laws and lease terms will vary, but typically landlords cannot terminate a lease for the following reasons:
Depending on your lease terms and local laws, you may be able to terminate a lease early under certain circumstances such as lease violations or if you decide to sell the property. Your lease agreement should spell out all instances where you are allowed to terminate the lease early, and it’s a good idea to work with a local lawyer to ensure you’re complying with applicable laws.
If you’re planning on renting your property again , here are some things you may want to do before showing the property to prospective tenants:
For more articles, tips and tools for landlords, visit our Rentals Resource Center .
