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In a hotel, a guest can virtually check in and out as they wish.
In an apartment, however, one’s stay is almost always based on a Lease (legal contract) and requires notice.
Typically, when asking ‘What does 60 Day Notice Mean?’, it refers to the number of days (60) required to give to your landlord if you intend to move out (i.e. not renew).
It also likely means the number of days (60) a landlord must give you if they do not wish to renew your lease.
What is the 60-Day Notice for Tenants?
A 60-day notice refers to a letter you (tenant) must send to the landlord in writing per the terms of your lease (at least 60 calendar days before the end of your lease) stating that you will not be renewing your lease.
It is very important to note that this 60 calendar days notice refers to 60 calendar days before your lease expires and does not mean you can provide 60 days notice whenever you decide to move out.
What About Notice from Landlord?
A 60 day notice typically means that if your landlord does not want to renew your lease, then landlord must inform you at least 60 days in advance as well.
Do I still have to pay rent once I provide notice?
Yes, even if you provide proper notice, you are obligated to pay rent through the remainder of the term, not just until you move out.
How to Calculate a 60 calendar day notice?
First, determine your expiration date of the lease. Then, count 2 FULL months backwards from that.
So if your lease expires on July 31, then you must go backward from that…
….one full month backward would be all of July….
…and another full month would be all of June….so by May 31 you must let your landlord know.
In this example of a July 31 lease expiration, you must let your landlord know in writing by May 31 that you will be vacating the property at the end of the term.
How to Provide Notice?
Generally, you must provide this notice in writing.
Check your lease for specifics on notice provisions but generally, the notice must be in writing sent via U.S. certified mail.
Practically speaking, while not necessarily required, you should call the landlord as well and let them know you will be following up with a certified letter in the mail.
Does the Landlord Remind the Tenant?
Not really. However, you should get a letter or notification from the landlord before the 60-day notice term stating the terms of your new lease (if offered).
At this point, if you don’t wish to accept the terms, you should send your 60 day notice certified to the landlord.
What if I Fail to Give Proper Notice?
If you fail to give proper notice at the end of the lease, you are in breach of the lease and could be responsible for all the remaining payments of the new lease and/or breach fees.
In some cases, if you don’t give notice, the lease could renew at month-to-month rates which can sometimes be twice as high as your current rent.
If you are not intending to renew your contract, it is important to check your lease, adhere to the 60 day calendar notice (or as otherwise stipulated in your lease), so you don’t end up paying more than you should.
Summary
A 60 day notice refers to the notice provision in the lease where you must inform your landlord 60 days or two full calendar months before your lease ends (if you plan to move out). It often is required to be in writing and sent certified mail.
Despite providing notice, you will continue to be responsible for rent through the remainder of your lease term.
If you fail to provide the proper notice, you could be subject to breach fees or significantly higher rents.
Always check your lease for specifics as some apartments may require more than 60 days notice.
