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 New Hampshire, 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 renew their lease upon its expiration. For landlords, it can be a notice to end the tenancy due to lease violations or as the lease term comes to an end. The specific time frame required for such notices can vary depending on the terms of the lease and the reason for termination. New Hampshire law requires different notice periods depending on the circumstances: for example, a month-to-month tenancy generally requires a 30-day notice to vacate from either party. If the tenant is being evicted for a substantial breach of the lease, the notice period may be shorter. It is crucial for both tenants and landlords to review their lease agreements and adhere to New Hampshire's statutes, which outline the procedures and requirements for giving a notice to vacate. Local laws may also apply, so it is important to consult city or municipal codes for any additional regulations.