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 Oregon, 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 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, or a violation of law by the tenant. The required notice period can vary depending on the circumstances. For example, a landlord must generally provide a 30-day notice to terminate a month-to-month tenancy, but this period can extend to 60 or 90 days under certain conditions, such as when a tenant has lived in the unit for more than a year. For lease violations or illegal activity, a landlord may issue a shorter notice, such as a 24-hour or 72-hour notice. Both tenants and landlords must adhere to the specific terms of their lease agreement and comply with Oregon state statutes, as well as any applicable local ordinances, when issuing a notice to vacate. It is advisable for either party to consult with an attorney to ensure that the notice complies with all legal requirements and is delivered in the proper manner.