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 Arkansas, 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 be renewing their lease upon its expiration. For landlords, it can be a notice to the tenant to leave the property due to the end of the lease term or because of a significant breach of the lease terms or violation of law. The specific time frame for such notices can vary, commonly ranging from 30 to 90 days, depending on the terms of the lease and the reason for termination. Arkansas law requires that landlords provide a 3-day notice to vacate for nonpayment of rent under Ark. Code Ann. § 18-17-701. For other lease violations or the end of a term, the notice period may be defined by the lease or by state law if the lease is silent on the issue. Both tenants and landlords should review their lease agreements and consult Arkansas statutes, as well as any relevant local ordinances, to ensure compliance with the required procedures and time frames for giving a notice to vacate.