A notice to vacate—also known as a notice of intent to vacate—is a written notice or letter from a tenant to the landlord or the landlord’s property management agent that the tenant will not be renewing the lease when it expires.
The terminology used in a state’s statutes, court opinions, and practices may vary from state to state, but a landlord can also give a tenant a notice to vacate—also known as a 30-day notice, 60-day notice, 90-day notice, 3-day notice, or notice to quit. The landlord may give the tenant notice to vacate due to the upcoming expiration of the lease term or due to a material (significant) breach of the lease agreement or the tenant’s violation of a law.
A tenant or landlord should read the lease agreement carefully before giving a notice to vacate or notice of intent to vacate to comply with the specific requirements of such a notice. In addition to the terms of the lease agreement, state and local laws may provide the circumstances and process for giving notice to vacate. These laws are usually located in a state’s statutes and in city and municipal codes and ordinances.
In Arkansas, a notice to vacate is a formal communication from a tenant to a landlord, or vice versa, indicating the intention to end the lease agreement. For tenants, this notice is typically provided when they do not intend to renew their lease upon its expiration. For landlords, a notice to vacate can be issued for various reasons, such as the end of the lease term, a significant breach of the lease agreement by the tenant, or the tenant's violation of the law. The specific time frame for such notices can vary, including 30-day, 60-day, or 90-day notices, depending on the circumstances and the terms of the lease. Arkansas law requires that landlords provide a 3-day notice to vacate for nonpayment of rent under Ark. Code Ann. § 18-17-701. For other lease violations or the end of a term, the notice period may be different and is often stipulated in the lease agreement itself. Both tenants and landlords must adhere to the lease terms and relevant state statutes, which outline the proper procedures and timelines for giving notice to vacate. Local ordinances may also apply, so it is important to consult these as well.