Arrange Break Notice For Free

A fifteen (15) day notice is given when the tenant has a monthly rental agreement. 2. This written notice must be delivered by posting or hand delivery and the seven or fifteen day time period must run, prior to any termination of the rental agreement or any lawsuit for eviction.

For month-to-month tenancies, the landlord or tenant must deliver a notice at least fifteen (15) days before the next time the rent is due informing the other party that the lease will be terminated. Any time period shorter is ineffective.

The Tenant may end the Term on [any][the] Break Date by giving the Landlord formal notice of not less than [LENGTH] months' [specifying the Break Date]82 following which the Term will end on that Break Date[.][

In fact, once a break notice has been validly served it cannot be withdrawn; service of the notice effectively terminates the existing lease and creates a new tenancy by implication if the tenant remains in occupation past the break date (Tayleur v Wildin (1867-68) LR 3 Ex 303).

If your agreement says you can end your fixed term tenancy early, this means you have a 'break clause'. Your tenancy agreement will tell you when the break clause can apply. For example your break clause might say you can end your tenancy 6 months after it starts if you give 1 month's notice.

Example break clause "This agreement may be ended by landlord or tenant giving at least 2 months' notice in writing, to expire at any time after 6 months from the start of this agreement."

A break clause in a lease allows a Landlord or a Tenant to terminate the lease early subject to complying with various conditions in the clause. A break clause will be important for a Tenant so they have flexibility to move out of a property should they need more or less space.

To serve the notice, you'll need to fill out form 6a and then serve it to the tenant. 'Serving' the notice means making sure the tenant receives it. You'll need to be able to prove that the tenant received your notice forms for your eviction to have a chance if it goes to court.

The Act (obviously) does not allow for service by email and this position has not been changed by subsequent legislation. It is also generally considered that a notice served by email cannot be said to have been delivered to the recipient or left at his proper address.

Once you give this notice to your landlord, it's legally binding and you must comply with it. If you change your mind and decide you don't want to vacate after all, your options are limited. You can try to reason with your landlord, but if you can't reach an agreement, you must abide by your own notice to vacate.