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 California, 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, including the end of a lease term, a significant breach of the lease agreement by the tenant, or a violation of law by the tenant. The specific time frame for these notices can vary: a 30-day notice is common for month-to-month tenancies or if the tenant has resided in the property for less than a year, while a 60-day notice is required if the tenant has lived in the rental unit for more than one year. In cases of material breaches or legal violations, a shorter notice period, such as a 3-day notice, may be applicable. Both tenants and landlords must adhere to the terms of the lease and California law, which includes the California Civil Code and local ordinances, when issuing a notice to vacate. It is important to consult the relevant statutes and local codes for the precise rules and procedures governing notices to vacate in California.