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 New Hampshire, 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 itself. If the lease does not specify, New Hampshire state law requires tenants at will (without a fixed term lease) to provide a minimum of a 30-day notice before the rent is due. For landlords, issuing a notice to vacate can be due to the end of the lease term, a significant breach of the lease, or a violation of law by the tenant. The required notice period for landlords to terminate a tenancy for cause, such as nonpayment of rent or other lease violations, is generally 7 days. However, for no-cause evictions or at the end of a lease term, the notice period is typically 30 days. It is important for both parties to review their lease agreement and consult New Hampshire's statutes, specifically RSA 540, for the precise rules governing notices to vacate. Local ordinances may also apply and should be considered.