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 Hawaii, a notice to vacate is a formal communication from either the tenant or the landlord indicating the intention to end the rental agreement. For tenants, this notice is typically provided when they do not intend to renew their lease upon its expiration. Landlords, on the other hand, may issue a notice to vacate 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 these notices can vary, including 30-day, 60-day, or 90-day notices, depending on the circumstances and the terms of the lease. In Hawaii, the Residential Landlord-Tenant Code (Hawaii Revised Statutes Chapter 521) outlines the requirements for these notices. For example, a landlord must generally provide a 45-day notice to vacate for month-to-month tenancies, while a tenant is required to give a 28-day notice before the end of the rental period. Both parties should review their lease agreement and familiarize themselves with Hawaii's statutes to ensure compliance with the legal requirements for issuing a notice to vacate.