Notice to Vacate FAQ

What is a Notice to Vacate?

A form of “eviction notice,” the Notice to Vacate is a written notice provided by a landlord to a tenant (who has already been informed of a breach of the lease agreement) that they must vacate the property by a certain point. These are starkly different from a Notice of Intent to Vacate, which is instead provided by a tenant to the landlord and generally suggests a cooperation (with intent of full payment) between tenant and landlord whereas a Notice to Vacate typically follows an agreement breach of some sort.

Similar to a Notice to Quit, a Notice to Vacate is a type of eviction notice. It bears many similarities to a Notice to Quit but has a few subtle differences that are outlined in the questions below.

What is the difference between a Notice to Vacate and an eviction notice?

The difference is similar to asking the difference between a lease agreement and an agreement – they are similar because a lease agreement is a type of agreement. Similarly, a Notice to Vacate is a type of eviction notice, just as a Notice to Quit is. An “eviction notice,” however, is usually an umbrella term for a number of written notices that landlords use to inform their tenants that they have to vacate the property. The Notice to Vacate is simply a specific type of that notice.

What is the difference between a Notice to Quit and a Notice to Vacate?

The difference is subtle, but as it applies to your situation, there may be an important distinction. The Notice to Vacate is simply an eviction notice that has already followed the notice of a breach of the lease agreement; typically the Notice to Vacate will still mention the reason(s) that an agreement has been violated for the sake of thoroughness. A Notice to Vacate will also refer back to the original notice of agreement breach by stating that the notice was issued and detailing when it was issued as well.

The Notice to Quit, also a form of eviction notice, is an eviction notice that also supplies the reasoning for the eviction within its notification. When using a Notice to Quit, the landlord is referencing a specific breach of the agreement but also indirectly acknowledging that no previous written notice of this breach necessarily was issued. In the Notice to Vacate, a reference will be made to this previous written notice and the relationship between the two notices is made explicitly clear.

I’ve been served a Notice to Vacate. How long do I have?

This should be outlined in the Notice to Vacate itself; if not, you’ll have to speak to your landlord and may even want to refer back to your lease agreement to make sure that this Notice to Vacate doesn’t breach the agreement of written notices to be provided. If it does breach this agreement, you may have more legal grounding to challenge the eviction. Furthermore, state law governs specific rules and procedures that must be followed including timing of eviction. Check your local laws to determine whether they have followed properly.

If served a Notice to Quit, it’s possible that you may be required to vacate the premises immediately.

What information is contained in a Notice to Vacate?

An effective and valid Notice to Vacate is a simple document but will still include the comprehensive information surrounding your breach of agreement and eviction. The information contained in a Notice to Vacate includes information about your breach, the previous notices issued, your name, the property location, and the official notice that you must leave, as well as the date that you must leave. If your Notice to Vacate is short of any of this information, be sure to consult your lease agreement to see if it did not breach the requirements of these written notices. States will have very specific requirements regarding timing and information included in the notice.

As a landlord, should I use a Notice to Vacate relevant to my state?

Generally, Notices to Vacate are very simple documents. However, it’s important that your Notice to Vacate not only meet the requirements of the lease agreement you signed but that they fulfill the laws of your own state. For that reason, it’s most prudent to seek out a Notice to Vacate that is most suited (and tailored) to your home state’s laws and regulations.

When is a Notice to Vacate valid?

A Notice to Vacate is valid under a number of conditions which all must be met:

• The Notice to Vacate should have been preceded by a written notice informing the tenant of a breach of agreement. The Notice to Vacate itself will refer back to this notice and include the date said notice was issued.
• It should have been preceded by the written notice of a breach of the lease agreement.
• The breach itself should be a valid breach of the lease agreement.
• The Notice should provide (with language like “you are hereby given notice”) the date, the property location, and any other relevant detail to vacating the premises.
• State law requirements must be fulfilled. These requirements will often include timing, specific language and delivery of the notice.

If a tenant is truly in breach of their agreement with the landlord, then it is not difficult for the Notice to Vacate to be valid – it simply should follow the basic guidelines of any written Notice to Vacate.

When is a Notice to Vacate enforceable?

The enforceability of a Notice to Vacate is strongly linked to the enforceability of the lease agreement itself, which should provide the terms for when a Notice to Vacate is considered a valid option for the landlord, and state law requirements. Additionally, a Notice to Vacate will outline its own scheduling terms for the tenant. It’s important that the Notice to Vacate was preceded by another written notice of a breach in the lease agreement, however.

When is a Notice to Vacate effective?

Assuming that the requirements of validity (see above) have been met, the Notice to Vacate is effective as soon as it’s posted.

Typically there will be few options for the tenant at this point unless the Notice to Vacate is not issued in a manner consistent with the lease agreement. At this point it will be expected that the tenant follow through with the notice.