How do most of your tenants inform you they are leaving? I know that the most leases say written notice, but do they actually do that and is a text considered written notice. I know that if a LL wants to terminate the tenancy we must follow a strict , well documented procedure. But what obligations does the LL have when the tenant is terminating the tenancy? I usually get a phone call and I follow up with a text so I have documentation. I have used texts in court for other things so I know that they are viable. I do have a form that I send to outgoing tenants acknowledging that they are ending the tenancy but nobody cares about those. I’ve got one now that I do not trust and I am expecting her to give notice.

Text in most cases is not considered 'writing' where email is considered writing under Federal law

Because text won't do any good in my big city and most others courts i remind them i need it in writing, with a new address to send check for deposit, and a reminder I don't want any of the deposit just a clean place to rent as soon as I can show it, and if I can show it 2 or 3 afternoons a week.

Check your state law for requirement for service of a notice.

On the other hand, if you actually received it, then from your side, you don't really need additional notice. But if it does not qualify as legal service of a notice, there may be unexpected consequences, such as tenant changing his mind.

The "law" doesn't matter as much as the judge. I think housing court judges regard text notification a a legal form of notification.

In MA, if the judge can lean in favor of tenants they will, so the acceptance of texts from tenants is not surprising.

I require a letter. They sometimes call or text me, so I just tell them to put it in a letter, date it and sign it.

Rents,

Our business and profit turned positive when I realized we, as most LLs, lose control during the move out process. I made changes to treat move OUT as carefully as we treat move IN, with rules and procedures to protect us.

Exit policies must be in place at move in.

If this helps:

My lease is clear: move out notice is only accepted on the paper form included in the lease. Other forms of communication on this issue are not accepted. Must be received 60 days before vacating, full calendar months only.

The form includes forwarding addresses, phones, jobs...

If they text or email we reply to use the official form.

We reply with copies of the move out instruction pages from the lease that they initialed. It includes the rent still owed, shows the ELT option, We send those again 2 weeks later.

We get many/most homes back in near perfect condition.

BRAD

If a tenant serves notice of intent to vacate on a certain date (Sheriff, nail & mail, personal service, whatever is required by IN law), then is there any meaning to you rejecting his notice?

I had a tenant, under rent control paying 1/2 the market rate, inform me via a conversation that they are moving at the end of that month. Only giving me 12 days notice.

I told them that they haven't given me written notice so they are responsible for the rent until that 30 day notice expires.

So the tenant went upstairs and returned with a signed letter, they will be out in 30 days.

I accepted the letter and then went to a neighbor next door who wanted to rent a unit in my building. They gave me a completed application and firsts months rent.

When my current tenant went looking at apartments they learned that what they are now paying for a 2 bedroom with a convertible den and two parking spots will only get them a 1 bedroom without parking. They told me they were staying.

Since their son is a gang member and is nothing but trouble, I told them I had already rented out their unit and they would have to leave as promised in their 30 day notice to vacate.

Since I had already re-rented the unit and that tenant gave me notice, I won the eviction.

Moshe,

By requiring notice on the lease's official form I stay in control and have hard evidence if there is a dispute. Too many folks give vague notice ("We hope to be out next week, or end of month") which leaves the LL hanging.

I also collect their forwarding address which is crucial for court and collections, current phone numbers, etc.

It also confirms they understand the 2 calendar month time period for proper notice. This lets me charge for those 2 months of rent.

If they skip, I can charge that 2 month notice period AND ELT. The state requires they provide a forwarding address but does not specify how or when.

I'll have to dig into the law but I don't recall Indiana making any requirements on notice delivery.

Much of my lease is policy and procedure that is NOT laid out in state law. I call those BRAD's LAW:)

BRAD

One sided. They can do anything that comes to mind but a land lord needs to be aware of what possibly will take place.

Protect against tenant changing their minds. So convert their notice into a signed written document.

Protect against a messy home. Issue move out instructions.

Go for gold. Send the tenant notification of any fees or rents due. I like to have a simple form I can fill out - so that I don't have to think at all, just fill in the blanks. I become a robot.