About the 60-Day Notice To Vacate (+ Free Template)

Ending a rental agreement can be a stressful process for both landlords and tenants, which is why having clear guidelines matters. 

A 60-day notice to vacate provides a formal, legally recognized way to signal the end of a tenancy that has lasted more than a year. This longer timeframe provides both parties with more time to prepare for the transition than a similar 30-day notice. 

Whether you are a property owner planning to reclaim your unit or a tenant preparing for a move, understanding how this notice works, along with having access to a reliable free template, helps ensure the process remains compliant and transparent.

Important Takeaways

• Always check your state and local laws, as notice period requirements vary. Some states may only require 30 days, while others mandate 60 or even 90 days, depending on the circumstances.
• If the tenant has lived in the unit for a year or more, many states require at least 60 days’ notice.
• Keep a signed copy of this notice for your records and deliver it to the tenant via a legally recognized method (e.g., certified mail, hand delivery, or as required by law).

What Is a 60-Day Notice to Vacate?

A 60-day notice to vacate is a written declaration used to officially end a rental agreement. It serves as a safeguard for both landlords and tenants by establishing a clear timeline for the lease’s conclusion. 

The notice typically applies when a tenant has lived in a property for at least 12 months, since many jurisdictions extend the required notice period beyond the standard 30 days after the first year of occupancy.

To be valid, the document must specify the rental property address, the names of all tenants, the date the notice is served, and the exact date the lease will terminate. 

In California, for example, these requirements are codified in Civil Code Section 1946.1, which obligates landlords to provide 60 days’ notice under most circumstances once a tenancy exceeds one year.

Related Article: 30-Day Notice to Vacate: What Landlords Need To Know

When Must Landlords Provide a 60-Day Notice?

Tenancy of 12 Months or More

In some states, once a tenant has lived in a rental unit for 12 months or longer, the landlord must issue a 60-day notice to vacate instead of a shorter 30-day notice. This extended timeframe recognizes the tenant’s established residency and provides additional stability during the transition.

No-Cause Terminations

Landlords often need to serve a 60-day notice when ending a tenancy without citing a specific lease violation. In these cases, the law aims to balance a landlord’s right to regain possession with the tenant’s need for sufficient time to secure alternative housing.

Limited Exceptions

Some jurisdictions allow landlords to provide only 30 days’ notice even after a year of tenancy if they are selling the property to a buyer who intends to live there. Because these exceptions differ from state to state, landlords should verify local statutes before relying on them.

Read also: When and How to Supply A Notice to Quit to Your Tenant

Tenant Rights and Responsibilities

Right to Proper Notice

Tenants are entitled to receive a written 60-day notice to vacate if they have occupied a rental unit for more than a year. This safeguard prevents abrupt displacement and ensures that tenants have adequate time to arrange new housing.

Responsibility to Vacate

Once the notice is served, tenants are legally obligated to leave the property by the stated move-out date. Staying beyond this deadline without the landlord’s consent can lead to eviction proceedings, which may include court costs and potential damage to the tenant’s rental history.

Options Available to Tenants

While most notices are enforceable, tenants do have options. They may attempt to negotiate with the landlord for additional time, explore relocation assistance programs, or challenge the notice if it does not comply with state housing laws. For example, an improperly delivered notice or one missing required information may be invalid.

How to Write a 60-Day Notice to Vacate

Drafting a 60-day notice to vacate requires accuracy and attention to detail. The document should clearly outline the end of the tenancy and comply with local legal requirements. At a minimum, the notice must include the following elements:

• Full name(s) of the tenant(s) or landlord issuing the notice
• Address of the rental property
• Date the notice is written
• Final day of tenancy (exact move-out date)
• Signature of the party providing notice

Delivery is equally important. Landlords should hand the notice directly to the tenant, post it on the property in compliance with state rules, or send it via certified mail to create a verifiable record. Tenants giving notice to landlords should also keep a copy and proof of delivery for their records.

Read also: How To Write a Notice To Vacate (+ Free Template)

Free 60-Day Notice to Vacate Template

Having a ready-to-use template helps both landlords and tenants create a compliant notice quickly. The following sample can be customized by filling in the relevant details:

Before sending, make sure to confirm that the notice meets any state-specific obligations, such as additional disclosures or methods of service.

Common Mistakes to Avoid

Even a small error in a 60-day notice to vacate can undermine its validity. Landlords and tenants should pay close attention to these common pitfalls:

• Incorrect Timeframe: Serving a 30-day notice when 60 days is legally required after a year of tenancy.
• Incomplete Information: Omitting names, dates, or the rental property address can render the notice defective.
• Improper Delivery: Handing the notice informally or leaving it without proof of service may prevent enforcement in court.
• Failure to Sign: A missing signature from the party issuing the notice may invalidate the document.
• Not Following Local Rules: Some jurisdictions have additional requirements, such as including relocation assistance details in specific circumstances.

Note: Carefully reviewing the document before delivery helps avoid these issues and ensures compliance with state and local regulations.

Legal Consequences of Invalid Notice

An improperly issued 60-day notice to vacate can have significant legal consequences for both landlords and tenants.

For landlords, an invalid notice may delay the lease termination process. Courts often dismiss eviction actions if the notice fails to meet statutory requirements, forcing the landlord to restart the process and potentially lose rental income. In some cases, tenants may also recover legal costs if they successfully contest a defective notice.

For tenants, providing inadequate notice to a landlord can lead to financial penalties. A landlord may withhold part of the security deposit to cover unpaid rent for the notice period, or even pursue additional damages if the property remains vacant longer than expected.

Read also: What Can Void a Three-Day Notice to Pay or Quit?

Best Practices for Landlords and Tenants

For Landlords

• Keep Detailed Records: Maintain copies of all notices and proof of delivery.
• Follow State Laws: Ensure notice periods, content, and delivery methods comply with local regulations.
• Communicate Clearly: Provide tenants with concise information to minimize confusion and reduce the likelihood of disputes.

For Tenants

• Plan Ahead: Begin arranging new housing as soon as a 60-day notice is received.
• Document Everything: Keep copies of notices, emails, and any correspondence related to the move-out.
• Understand Local Rights: Review state-specific tenant protections to confirm that the notice is valid and to know options if challenges arise.

60-Day Notice: Final Words

A 60-day notice to vacate ensures a fair and structured process for ending a tenancy that has lasted more than a year. By providing adequate time for tenants to relocate and for landlords to prepare their property, it reduces the risk of disputes and legal complications. 

Using a clear, properly drafted notice supported by a reliable template protects both parties and promotes compliance with state housing laws. Additionally, it helps if you have the best tools to help you streamline your compliance. 

Property management software like Landlord Studio can not only help you track and stay on top of things like rent payments, maintenance, and lease end date, but also provides lease management and document organization tools. Ensuring you have all the information you need, when you need it.

Whether managing rental properties or preparing to move, understanding the notice’s requirements is essential for a smooth transition.

Create your free Landlord Studio account today.