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 York, a notice to vacate is a formal communication by which either a tenant informs the landlord of their intention to leave the rental property at the end of the lease term, or a landlord advises the tenant that they must leave the property. For tenants, this is typically called a notice of intent to vacate and should be given in accordance with the lease terms, which often require a 30-day notice for month-to-month tenancies or a notice period as stipulated in the lease for longer terms. Landlords, on the other hand, may issue a notice to vacate (also known as a notice to quit) if the tenant has breached the lease agreement or violated the law in a significant way. The required notice period for landlords can vary depending on the reason for eviction; for example, New York law requires a 30-day notice for tenants who have lived in the unit for less than one year and a 60-day notice for those who have lived there for one to two years, and a 90-day notice for those who have been in the unit for more than two years. These notices must comply with both the lease agreement and New York state laws, which are detailed in the New York Real Property Law and the Real Property Actions and Proceedings Law. Local ordinances may also apply, particularly in cities like New York City, where additional tenant protections are in place.