Do you need to end 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 him in court and could be ordered to pay damages to the tenant, as well as his attorney’s fees.

Why would you terminate a lease? Typically, landlords terminate a lease because the tenant is not paying the rent or has committed some other breach of the lease, such as intentionally damaging the property. Most states require a landlord to give tenants a chance to correct curable lease violations, such as past-due rent or keeping a dog on the premises when pets are not allowed.

You must give your tenant a lease termination form, even if you and the tenant do not have a lease. Termination of the lease gives the occupant of your property legal notice of your intentions. If the occupant objects to the eviction in court, you may present proof of having notified him of the termination of the lease.

The notice can be delivered to the tenant by US mail, hand delivery, or by placing the form on the tenant’s door. If the notice is mailed, the tenant may be entitled to additional shipping time.

If you accept an overdue rent payment from the tenant, either full or partial payment, or if the tenant corrects a curable breach of the lease, you will give up your right to terminate the rent in most states. You can terminate the lease the next time you have to pay rent if the violation repeats. Make sure you meet your state’s requirements at the end of a lease.

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