Can a Notice to Vacate an Apartment be Withdrawn

In recent times there have been a lot of questions on whether a notice to vacate an apartment can be withdrawn after submission to the landlord. This question carries much concern and an answer would help relieve so many people out there in the world.

First of all, a notice to vacate an apartment is the act of notifying your landlord of your intention to move out of your present accommodation. This could be in the form of a written letter or through oral communication (direct interaction, phone conversation etc.), As long as the landlord gets and understands the message, the notice has been passed. If the notice to vacate an apartment is in written form, then the tenant should indicate the effective date he or she intends to park out to enable the landlord to find and admit a new tenant.

Can a Notice to Vacate be Withdrawn

Why Would a Tenant Want to Withdraw a Notice to Vacate?

There are a number of possible reasons why a tenant would change his or her mind about vacating an apartment or space, let’s explore some of these reasons.

  1. The most common reason for withdrawing a notice to vacate is as a result of the financial burden involved in relocating elsewhere. When the tenant realizes how much it will cost to relocate including the burden of paying new rent which might be more than the existing rent, the cost of transporting personal belongings to a new location and other incidental expenses such as repainting, electrical repairs, minor installations etc. the tenant would most likely withdraw the notice to vacate.
  2. When it appears that securing a new apartment might be difficult, particularly in large urban areas where the population is at its peak and the likelihood of high competition due to increasing demand would exist, the tenant might want to consider retracting from vacating.
  3. In a period of communal restiveness which could create fear and tension, most tenants who intend to move out of the existing apartment would likely stay back.
  4. If the emanating problems or issues that triggered the intention to move out are resolved, there won’t be a need to park out.
  5. Most tenants who intend to vacate a house would probably stay back when the rents of similar accommodations in other neighbourhoods appear higher or more expensive than what they pay as rent or above their financial capacity.
  6. Tenants may decide to withdraw a notice to vacate in order to continue enjoying existing reduced rent which sitting tenants pay.
  7. A sudden ailment or disaster (quitting or sacked from a job, being scammed, debts, blackmail etc.) is very likely to make a tenant withdraw a notice to vacate from the landlord.
  8. If certain unexpected improvement is carried out or planned to be executed in a house within a time frame it might cause a tenant to withdraw a notice to vacate.
  9. In the advent of a property surge in a particular neighbourhood, tenants there tend to hold on to theirs to avoid being stranded.

To go on with this article, it’s paramount to discuss the factors that could influence the landlord’s decision on whether to accept or reject the withdrawal of a notice to vacate letter.

  1. Landlord’s Willingness to Accept: The question that should come to mind is whether the landlord will be willing to accept the withdrawal of a notice to vacate. The landlord’s decision to either reject or accept to withdraw a vacation notice is dependent on the reasons provided for the change in decision and whether the landlord has already found another tenant to take up the apartment when it eventually becomes void.
  2. The Tenancy Agreement: It is often necessary to consult your own copy of the tenancy agreement to confirm that the paragraph(s) that covered issues related to withdrawal of notice to vacate. If there is, then it is most likely that the landlord will allow you to withdraw your letter and continue living in the property.
  3. Timeframe: It is important to ensure a timely withdrawal of a notice to vacate before the expiration of a tenancy. If the withdrawal is done within the period of tenancy the landlord may consider the request, but once it spills over to a fresh tenure the landlord may see your request as one from a delinquent tenant which may never be approved.
  4. Cordial relationship: Your relation with the landlord prior to your submission of a notice to vacate might favour or mar a request to withdraw the notice.
  5. Your approach: To receive a positive response from your landlord concerning the withdrawal of the notice to vacate, you should pay your landlord a visit rather than writing to him. He might see the sincerity and understand better when you meet him physically to withdraw your initially submitted notice to vacate.
Can a Notice to Vacate be Withdrawn?

So, Can a Notice to Vacate an Apartment be Withdrawn?

Most likely, if you have been a good tenant prior to the notice and had enjoyed a good landlord-tenant cordial relationship, more so, if you approach the withdrawal with a sense of humility and openness. Especially if you accept to pay a slightly higher rent than the former.

It may not be withdrawn if your approach to the vacation notice was rude, disrespectful or vague. The landlord may also refuse to approve the withdrawal if he has found a new tenant that agrees to pay a higher rent than you are paying or already concluded plans on what he will do with the apartment when you eventually move out.

I hope this answers your question. Do well to contact me if you have further questions.

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