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 Virginia, 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. For landlords, a notice to vacate can be issued for various reasons, such as the end of the lease term, a significant breach of the lease agreement by the tenant, or the tenant's violation of the law. The specific time frame for providing this notice can vary, with common periods being 30, 60, or 90 days, depending on the terms of the lease and Virginia state law. Under Virginia law, particularly the Virginia Residential Landlord and Tenant Act, landlords must provide tenants with a 30-day notice to vacate for month-to-month leases if they do not intend to renew the lease. For breaches of the lease or violations of law, the notice period may be shorter, such as a 21/30 day notice for curable violations or an immediate notice for non-curable violations. Tenants are also generally required to adhere to the notice period specified in their lease when they intend to vacate. Both parties should review their lease agreement and consult Virginia's statutes and any applicable local ordinances to ensure compliance with the legal requirements for issuing a notice to vacate.