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 Texas, 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 notice is typically provided when they do not intend to renew their lease upon its expiration. For landlords, a notice to vacate can be issued for various reasons, such as the end of the lease term, a significant breach of the lease agreement by the tenant, or the tenant's violation of the law. The Texas Property Code requires tenants to give at least 30 days' notice prior to the lease termination date if the lease is month-to-month unless the lease specifies a different period. For landlords, the notice period can vary depending on the reason for eviction; for example, a 3-day notice is required for lease violations or non-payment of rent, unless the lease stipulates a different timeframe. Both parties should consult the lease agreement and adhere to its terms when issuing a notice to vacate. Additionally, they must comply with relevant state statutes and local ordinances, which outline the proper procedures and timelines for giving such notices.
