What constitutes official notice by a tenant that they are vacating their apartment?

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What constitutes official notice by a tenant that they are vacating their apartment?

I have a tenent who wants to vacate the property. Our agreement (signed and notorized) is that 60 days notice be givien. I recently recieved a notice and of course sent him a email stating that he would still owe rent for next month. He sends me a long email about how when we were sending some emails back and forth 2 months ago he gave his notice then. He mentioned moving but did not give a time of when wanted to be out. I did acknowledge that he was needing to move but did not know when he was intending to do so. He claims that the email conversation is his official notice.

Asked on January 2, 2012 under Real Estate Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The tenant needs to give a specific date of when he will vacate the premises.  He can't just say something to the effect that he is thinking about moving and might do it sometime in the future.  Almost everyone will probably move sometime in the future.  Without a specific date, you don't know when the apartment will be available for a future tenant.

The lease is a contract between landlord and tenant.  In order to terminate the lease, there has to be a specific date of termination which he didn't provide.  Therefore, he is liable for the rent until he complies with the notice requirements in the lease and vacates the premises. 


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