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 Oregon, 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 for providing this notice can vary based on the terms of the lease agreement and Oregon law. Generally, Oregon requires a 30-day notice for month-to-month tenancies, but this can extend to 60 days if the tenant has lived in the dwelling for more than one year. For fixed-term leases, the notice period may be defined in the lease itself. If a landlord is giving notice due to a lease violation or significant breach, the required notice period can be as short as 72 hours for nonpayment of rent or other serious infractions. It's important for both tenants and landlords to review their lease agreements and familiarize themselves with Oregon Revised Statutes and any applicable local ordinances to ensure compliance with the proper notice requirements and procedures.