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 Colorado, 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. The specific time frame required for such a notice is often stipulated in the lease agreement. Colorado law requires tenants to adhere to the notice period outlined in the lease, which is commonly 30 or 60 days before the lease ends. If the lease does not specify, Colorado's statutory period is ten days for tenancies of one month or longer but less than six months, three days for tenancies of one week to one month, and one day for tenancies of less than one week. On the other hand, landlords may issue a notice to vacate if a tenant has significantly breached the lease terms or violated the law. Depending on the reason for eviction, different notice periods apply, such as a 3-day notice for nonpayment of rent or other serious violations. Both parties should review their lease and local regulations to ensure compliance with the proper notice requirements and procedures.