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 Kansas, 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 by the tenant, or the tenant's violation of the law. The specific time frame for these notices can vary, including 30-day, 60-day, or 90-day notices, depending on the circumstances and the terms of the lease. Kansas statutes require that such notices be given in writing and within the time frame stipulated by the lease or state law. For example, Kansas Statutes Annotated § 58-2570 requires a 30-day notice for the termination of a month-to-month tenancy. Both tenants and landlords should review their lease agreements and familiarize themselves with Kansas state law and any applicable local ordinances to ensure compliance with the proper procedures for issuing a notice to vacate.