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 Jersey, a notice to vacate is a formal communication from a tenant to a landlord indicating the tenant's intention to leave the rental property at the end of the lease term. Similarly, landlords can issue a notice to vacate to tenants for various reasons, including lease expiration, lease violations, or other legal grounds. The specific time frame for such notices is typically outlined in the lease agreement and must comply with New Jersey state law. Under New Jersey law, the amount of notice required can vary depending on the reason for eviction and the type of tenancy. For example, for month-to-month tenancies, the landlord must generally provide at least one month's notice. However, in cases of lease violations or illegal activity, the notice period may be shorter. Tenants are advised to provide as much notice as possible, ideally in accordance with the lease terms and at least one rental period in advance. Both landlords and tenants should consult the New Jersey Anti-Eviction Act (N.J.S.A. 2A:18-53 et seq.) and relevant local ordinances to understand the proper procedures and time frames for giving notice to vacate. It is important for both parties to adhere to these regulations to ensure a lawful and smooth transition.