What should a notice of termination of a lease agreement contain?

A notice of termination of a lease agreement is an official letter that starts the procedure for ending the tenancy. Although it may seem a simple step, it is worth paying attention to several key elements that should appear in such a letter. In this article you will learn what a notice of termination of a lease agreement must contain.

What is a lease agreement?

Under a lease agreement, the landlord undertakes to give the tenant a property to use for a fixed or indefinite period, and the tenant undertakes to pay rent. This payment may take the form of money or of another kind of benefit. If the lease does not set a payment date, then under the regulations the rent should be paid in advance for the entire period of any lease shorter than a month, and for long-term leases – monthly, by the tenth day of the month.

For a lease agreement to be valid, it should meet the following conditions:

• payment – the tenant is obliged to pay rent;
• reciprocity – both parties to the agreement have their own obligations to perform;
• bilateral nature of the obligation – both the landlord and the tenant are obliged to perform specific duties;
• consensuality – the agreement is concluded by the mutual declarations of intent of both parties.

Termination by the landlord versus by the tenant

The landlord is entitled to end the tenancy if the tenant:

• uses the premises in a way that is contrary to the terms of the agreement or to their original purpose;
• is in arrears with the rent;
• sublets the premises without the landlord's consent;
• damages the leased property;
• disturbs the neighbours' peace.

The tenant, in turn, may terminate the lease with immediate effect if the premises have defects that make normal use impossible or that endanger the tenant's life or health. This applies both to defects that already existed when the agreement was concluded and to those that arose later. If the landlord, despite having been notified of the defects in the premises, does not remedy them within the required time or is unable to do so, the tenant is released from the obligation to observe the statutory notice periods and other provisions of the agreement.

What must the notice of termination contain?

For a notice of termination of a lease to be valid, it should contain several key elements. These are above all:

• personal details – the full names of both the tenant and the landlord, matching the details recorded in the lease agreement;
• the address of the rented property;
• the reason for termination;
• the termination date – the date from which the agreement ceases to apply. Remember to observe the notice period set out in the agreement or in the law.
• a reference to the agreement or the legal provisions – the notice should indicate the specific clause of the lease or the legal provision that entitles you to terminate the agreement.
• the date and place of drafting;
• the signature of the person giving notice.

Summary

Preparing a notice of termination of a lease correctly is important to ensure that the process of ending the agreement runs smoothly and in accordance with the law. Remember also to observe any special conditions contained in the document, and to deliver the notice in a way that provides proof of receipt by the other party.

Do you want to rent out a flat and are you looking for a suitable tenant? As an experienced estate agent in Katowice, I would be happy to help you with this. All you need to do is get in touch and trust my experience.