Question from a reader:
I have decided to vacate my rental property, but the contract states that I need to give three months’ notice. If I notify this month, does that mean this month is not included? Does the three months count from, for example, the end of July to the end of September, or from the end of August to
the end of October?

Considerations on Notice of Vacating a Rental Property

Many people may be concerned about the “three months’ notice” stated in their rental agreement when deciding to vacate. In this article, I will explain this notice period in detail, incorporating my own experiences.

The Importance of Notice of Vacating

First, it is essential to understand why giving notice of vacating is important in a rental agreement. When a tenant decides to leave the property, it is a legal obligation to notify the landlord or management company within the appropriate timeframe. Failing to fulfill this obligation could result in continued rent payments. For example, I once heard a story from a friend. He decided to vacate without thoroughly reading the contract and ended up notifying just before the deadline. As a result, he had to pay three months’ worth of rent, which caused significant financial and emotional damage. To avoid such situations, it is crucial to understand the rules regarding notice of vacating.

Interpretation of “Three Months’ Notice” in the Contract

Now, let’s consider the “three months’ notice” that the questioner is concerned about. Generally, this “three months” is often counted starting from the month following the notification. In other words, if you notify this month, the counting begins next month, and you would vacate at the end of three months. To be specific, for example, if it is currently August and you give notice in August, to set the vacate date at the end of November, you would need a notice period covering September, October, and November. This is a legally sound and common interpretation.

Carefully Check the Contract

What is important here is to carefully check the contents of the contract. The rental agreement contains various stipulations regarding the property, and the rules concerning vacating can differ from one property to another. For instance, some properties may specify that “notice must be given at the beginning of the month.” In this case, if you notify in the middle of the month, the counting would start from the beginning of the next month, so caution is required. Personally, whenever I enter into a rental agreement, I make it a point to read the contract multiple times and ask the landlord about any unclear sections. This verification process is key to preventing troubles down the line.

Legal Perspective on Notice of Vacating

From a legal standpoint, the notice of vacating in a rental agreement is part of the rights and obligations based on the contract. The Civil Code also clearly states provisions regarding rental agreements, and the notice of vacating is conducted based on these provisions. If you neglect to give notice, the rental agreement may automatically renew. This situation can arise where, even if the landlord does not wish to renew due to the lack of notice, the tenant must continue paying rent. Such cases are not uncommon, so caution is necessary.

The Actual Process of Vacating

After giving notice of vacating, the next consideration is the actual vacating process. As the vacate date approaches, you must also think about the availability of the property and your responsibilities regarding restoring it to its original condition. Particularly regarding restoration, it is important to recheck the terms you signed in the contract. In fact, I once had a dispute with my landlord about the scope of restoration when vacating. The contract stated, “Excludes damage from normal use,” but the landlord argued that certain marks were also considered damage. Ultimately, after several discussions, we managed to resolve it smoothly, but such situations are certainly not rare.

Conclusion and Self-Reflection

In this article, I have provided a detailed explanation of the notice of vacating a rental property. The rule of “three months’ notice” stated in the contract is generally counted from the month following the notification. Additionally, confirming the contract details is essential during the vacating process. I personally feel that my knowledge regarding rental agreements is still insufficient. That is why I hope to deepen my understanding through topics like this and also provide useful information to all of you. Although rental living may seem simple at first glance, there are many points to be cautious about. Therefore, thoroughly understanding the contract details and following the appropriate procedures is key to avoiding troubles. I plan to continue exploring various information related to rentals. I hope you look forward to the next article as well. I would be happy if I could help readers make their rental experiences better.