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 Massachusetts, 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 renew their lease upon its expiration. The required notice period for tenants planning to vacate at the end of their lease term is generally stipulated in the lease agreement itself. However, if the lease does not specify, Massachusetts law requires tenants at will (those without a fixed-term lease) to provide a notice equivalent to the interval between the days of payment or 30 days, whichever is longer. For landlords, the notice period to end a tenancy depends on the reason for eviction. For lease violations or illegal activity, a 14-day notice to quit may be issued. For the end of a lease term or no-cause evictions, the notice period can be 30 days or one full rental period in advance, whichever is longer, for tenancies at will. It is important for both tenants and landlords to comply with the specific requirements outlined in their lease agreements and to adhere to Massachusetts General Laws Chapter 186, which governs the process of giving notice to vacate. Local ordinances may also apply and should be consulted.