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 York, 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 that they must leave the property. For tenants, this is typically called a notice of intent to vacate and should be given in accordance with the lease terms, usually 30 days before the lease ends, unless the lease specifies a different time frame. Landlords, on the other hand, may issue a notice to vacate for various reasons, including lease expiration, significant lease violations, or illegal activity by the tenant. The required notice period for landlords can vary: a 30-day notice is common for month-to-month tenancies or when a lease is about to expire, while a shorter notice, such as a 3-day notice, may be used for serious lease breaches. New York state law, as well as local ordinances, dictate the specific procedures and time frames for these notices, and both parties should consult these regulations and their lease agreement to ensure compliance.