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 North Carolina, 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 the tenant to leave the property due to lease expiration or a significant breach of the lease terms, such as nonpayment of rent or other violations. The specific time frame required for such notices can vary depending on the terms of the lease and the reason for termination. North Carolina General Statutes typically require a minimum of 7 days' notice for week-to-week tenancies, 30 days' notice for month-to-month tenancies, and a notice period as defined in the lease for fixed-term tenancies. For evictions due to breaches of the lease or law violations, the process is more immediate, and landlords may issue a 10-day notice to quit. Both tenants and landlords should review their lease agreements and consult state statutes and local ordinances to ensure compliance with all notice requirements.