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 Minnesota, a notice to vacate is a formal communication from a tenant to a landlord, or vice versa, indicating the intention to end the rental agreement. For tenants, this typically means they will not be renewing their lease upon its expiration. The specific time frame required for such a notice is often stipulated in the lease agreement. Minnesota law requires tenants to give a reasonable notice period, which is commonly one rental period (usually one month) prior to moving out. On the other hand, landlords can issue a notice to vacate for various reasons, including lease expiration, lease violations, or illegal activity by the tenant. The required notice period for landlords depends on the reason for eviction; for example, a 30-day notice is standard for lease terminations, while a material breach may warrant a shorter notice period. Both parties should consult the lease and Minnesota statutes, particularly Minnesota Statutes Chapter 504B, for guidance on the proper procedures and time frames for giving notice to vacate. Local ordinances may also apply and should be reviewed to ensure compliance with all applicable laws.