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 Minnesota, 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 end the tenancy due to lease expiration or a significant breach of the lease terms, such as nonpayment of rent or other violations. The required notice period can vary based on the type of tenancy and the reason for termination. For example, a month-to-month tenancy generally requires a 30-day notice from either party. If the lease is for a fixed term, the notice requirements may be outlined in the lease itself. In cases of lease violations or illegal activity by the tenant, the landlord may be able to provide a shorter notice period, such as a 3-day notice. It is crucial for both tenants and landlords to review their lease agreement and adhere to Minnesota statutes, as well as any applicable local ordinances, to ensure proper procedures are followed when issuing a notice to vacate.