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 California, a notice to vacate is a formal communication by which either a tenant informs the landlord of their intention to leave the rental property at the end of the lease term, or a landlord advises the tenant to leave the property. For tenants, this is typically called a notice of intent to vacate and must be given in accordance with the lease terms, usually 30 days before the lease ends for month-to-month rentals. For landlords, the required notice period depends on the duration of the tenancy and the reason for eviction. For tenancies less than a year, a 30-day notice is generally required, while for tenancies of a year or more, a 60-day notice is standard. However, if a tenant has breached the lease or violated the law, a landlord may issue a 3-day notice to quit. California law outlines specific procedures and requirements for these notices, which must be followed to be legally valid. These regulations are found in the California Civil Code and local ordinances. It's important for both tenants and landlords to review their lease agreements and familiarize themselves with relevant state and local laws to ensure compliance when issuing or responding to a notice to vacate.