What is a notice to vacate?
A notice to vacate is a letter written to your landlord stating your intent to end the lease and move out of your rental property. This notice may be required for month-to-month rentals along with leases with a specified end date. This document is also commonly referred to as a 30-day notice, though the time frame may be shorter or longer than 30 days in some cases.
How to give a move out notice to your landlord
Your notice to vacate should be a typed document that is either delivered by hand or certified mail. Because a notice to vacate is time sensitive, it’s important to ensure that the landlord has received your notice to vacate after you’ve sent it. This is why it’s best to deliver the notice by hand so that there is no question down the line about whether or not the landlord received it. If delivering it in person isn’t possible, sending the notice by certified mail is the best option. Your landlord will have to sign for the letter, so there will be proof of delivery.
How much notice do I need to give my landlord before moving out?
The amount of notice you’ll need to provide your landlord with before moving out will depend on your state and lease. Giving a 30-day notice to your landlord is pretty standard, but your lease may require a 60-day or even a 90-day notice before you move out. Read over your lease carefully to find out how much notice is required.
What should I include in my notice to vacate?
Make sure that your notice to vacate includes the following details:
- The date (this is important, because it verifies that you are delivering your notice within the designated time frame outlined in your lease)
- Your name
- Property address and unit number
- Your landlord’s name and address (as listed in your lease)
- State your intent to move out and your move-out date
- State that you expect to receive your security deposit back from the landlord under state law
- A forwarding address to send the security deposit to
- Your signature
Use this information to fill in the notice to vacate template below. Information between [ ] should be filled in with your information.
Notice to Vacate Template
[Your Name]
[Your Phone Number]
[The Rental Property Address and Unit Number]
[City, State, Zip Code]
[Your Landlord’s Name]
[Your Landlord’s Address as listed on your lease]
[City, State, Zip Code]
Re: [##]-Day Notice of Intent to Vacate
Dear [Name of landlord or property manager],
This letter serves as my [##]-day notice to vacate, as per our lease agreement. I will be moving out of my rental unit on [date], the end of my current lease.
[If you are breaking the lease early, state your reasons here. If it is because of issues with the unit, include them as well.]
Please contact me at [phone number] or [email address] to schedule a walk-through inspection. Please inform me when my security deposit of [$ amount] will be returned, along with any money that you will be taking out for damages outside of normal wear and tear. The deposit can be sent to my forwarding address: [new address].
You can reach me at [phone number] or [email address].
Sincerely,
[Your Name]
[Your Signature]
What to expect after sending a notice to vacate to your landlord
Walk-through inspection with the landlord
A walk-through inspection with the landlord is required in some states before the tenant moves out. During the walk-through the landlord will check the unit for damages outside of normal wear and tear. The landlord will point out these damages to the tenant to let them know that they may lead to deductions from the security deposit. Sometimes the landlord will give a tenant the option to fix the damages before moving out to prevent losing part of the security deposit.
After the walk-through is complete and you’ve moved out, the landlord will return your security deposit to you. State law typically gives landlords a minimum of 30 days to return the deposit after your move out date.
Showing the unit to prospective tenants
Once you notify your landlord of your intention to vacate, they have a right to show the unit to potential renters to fill it once you leave. The landlord is required by law to give you at least 24 hours’ notice, and in some states they are required to give 48 hours’ notice.
Receiving a notice to vacate from the landlord
A notice to vacate can also refer to a letter sent from the landlord to the tenant. This notice is used to notify the tenant that the landlord is terminating their tenancy. A landlord may send a notice to vacate before the end of a lease with a set end date if they don’t wish to renew the lease. It can also be sent to terminate month-to-month or week-to-week leases. Lastly, a landlord may send a notice to vacate if the lease has already ended but the tenant hasn’t left the property.
A notice to vacate from the landlord is not the same thing as an eviction notice. An eviction notice is a court order and it will appear on the tenant’s credit report, which is not the case with a notice to vacate.
A notice to vacate from your landlord is not the same thing as an eviction. Evictions are court ordered and usually come after a landlord’s notice to vacate. (quote)
How much notice do landlords give tenants when sending a notice to vacate?
Here are common instances for the different notice time frames:
- 3-day notice: If the tenant violates the terms of the lease, the landlord can send a 3-day notice. This is for instances like not paying rent on time or keeping pets in the unit without permission.
- 30-day notice: This is required for most standard lease agreements along with month-to-month leases.
- 60-day notice: In certain states like California, a 60-day notice is required if the tenant has lived in the unit for at least a year. Delaware requires at least a 60-day notice for month-to-month lease agreements.
- 90-day notice: This is much more notice than most states or landlords require, but in certain states like California, a 90-day notice is required for tenants living in subsidized housing.
State by state laws
Most states’ laws address how to terminate a tenancy at will, a lease that can be terminated by a landlord or tenant at any time, and periodic tenancies, a lease that is month-to-month, week-to-week, etc. Think of a periodic lease like a month-to-month phone plan where you only pay for the months you want service.
A fixed term lease, a lease with a definite end date, usually has clauses that will state how many days notice is required to terminate the lease or how to break the lease. If you want to avoid the fees that may come with breaking a lease, you may be able to sublet.
Alabama
Alabama Code § 35-9A-441 requires landlords and tenants to:
- Give a 7-day notice to end week-to-week leases
- Give a 30-day notice to end month-to-month leases
Alabama state law does not give guidance on leases lasting longer than a month. If your lease does not define when to give your notice to vacate, go with a 30-day notice.
Alaska
Landlords and tenants in Alaska can give a 14-day notice to vacate for week-to-week leases or a 30-day notice for month-to-month leases.
Arizona
To end month-to-month leases in Arizona, tenants and landlords must give at least a 10-day notice to vacate according to Arizona Revised Statute § 33-341.
Arkansas
Arkansas Code § 18-17-704 states:
- Landlords and tenants can terminate week-to-week leases with a 7-day notice to vacate
- Landlords and tenants can terminate month-to-month leases with a 30-day notice to vacate
California
Both landlords and tenants in California are required to give a 30-day notice to vacate for month-to-month leases. According to California Civil Code § 1946, landlords must include the following in their notice to the tenant:
“State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.”
Colorado
Colorado Revised Statute §13-40-107 sets different timelines for notices to vacate based on various lease lengths for landlords and tenants:
- Leases lasting a year or longer require a 91-day notice to vacate;
- Leases lasting longer than six months but less than a year require a 28-day notice to vacate;
- Leases lasting a month or more but less than six months requires a 21-day notice to vacate;
- Leases lasting a week or more but less than one month requires a 3-day notice to vacate;
- Landlords can give tenants at will a 3-day notice to vacate;
- Leases lasting less than a week require a 1-day notice to vacate.
Connecticut
Connecticut state law does not explicitly state how many days notice is required when tenants intend to move or a landlord wants to end a lease when there’s no wrongdoing. If a tenant violates their lease, their landlord could give them a minimum 3-day notice to vacate according to Connecticut General Statute § 47a-23. If you have a lease in Connecticut, we recommend reading your lease as it might have guidelines on how early you need to give your notice to vacate.
Delaware
Delaware Code Title 25 § 5106 requires landlords and tenants of fixed-term leases give at least a 60-day notice to vacate. For month-to-month leases, landlords and tenants still need to give a 60-day notice to vacate, but the 60 days starts on the first day of the month after the notice is written. [For example, if you send the notice in the middle of April, the 60 days will begin on May 1.]
Florida
According to Florida Statute Title VI § 83.57, the following applies to landlords and tenants intending to terminate a lease in Florida:
- Year long leases require a 60-day notice to vacate;
- Quarter long leases require a minimum 30-day notice to vacate;
- Month-to-month leases require a minimum 15-day notice to vacate;
- Week-to-week leases require a minimum 7-day notice to vacate.
Georgia
The Official Code of Georgia Annotated (O.C.G.A) Title 44 § 44-7-6 to 44-7-7 states that landlords need to give a 60-day notice to vacate to tenants that are tenants at will, meaning there’s no specific end date to their lease. On the other hand, tenants at will in Georgia need to give a 30-day notice to vacate to end their lease. The O.C.G.A. does not explicitly state how many days in advance landlords or tenants need to end fixed-term, month-to-month or week-to-week leases.
While the state does not have clear guidance on notices to vacate, be sure to speak with your landlord prior to leaving. A good rule of thumb is to follow the 30-day notice to vacate. If you terminate the lease without notifying the landlord, you will be responsible for paying rent for the remaining months according to Georgia’s Landlord-Tenant Act.
Hawaii
Hawaii Revised Statute § 521-71 requires landlords to give at least a 45-day notices to vacate for month-to-month leases, while tenants of month-to-month leases are only required to provide a 28-day notice to vacate. Tenants who receive a notice to vacate from their landlord can move out at any time after receiving the notice and shall pay a prorated rent.
If a landlord plans to demolish or turn their rental property into condos, they’re required to provide a 120-day notice to vacate to their tenants. For those with leases shorter than a month, both landlords and tenants are required to provide at least a 10-day notice to vacate.
Idaho
Idaho’s Landlord and Tenant Manual instructs residents to refer to their lease about how much notice to give when moving out. There isn’t a state law that gives clear guidelines unless you’re a tenant at will. Tenants at will in Idaho are required to give a 30-day notice to vacate prior to moving; landlords must give the same length notice to terminate a tenancy at will according to Idaho Statute § 55-208.
Illinois
Illinois Compiled Statutes (ILCS) 735 5/9-207 states landlords must provide a 7-day notice to vacate to terminate week-to-week leases or a 30-day notice to terminate leases lasting less than a year but more than a week.
If you live in Illinois, you’ll have to depend on your lease to tell you how many days notice you’re required to give if you have a fixed term lease.
Indiana
Residents in Indiana should look to their lease for guidance on notices to vacate. The Indiana Code (IC) does not have a statute regarding notices to vacate for tenants moving before their lease ends; however, IC § 32-31-5-4 requires landlords to give tenants a written 30-day notice before modifying their lease.
Iowa
Iowa Code 562A.34 states landlords and tenants can:
- end week-to-week leases by providing a written 10-day notice to vacate
- End month-to-month leases, or leases lasting longer than a month, by providing a written 30-day notice to vacate
Kansas
Kansas Statute § 58-2570 requires landlords and tenants with week-to-week leases to provide at least a 7-day notice. To terminate month-to-month leases, landlords and tenants must provide at least a 30-day notice to vacate. Military members in Kansas with month-to-month leases can provide a 15-day notice to vacate if they have military orders requiring them to move.
Kentucky
Kentucky Statute § 383.695 states landlords and tenants can terminate week-to-week leases with a 7-day notice to vacate. Month-to-month leases require a 30-day notice to vacate while tenancies at will only require a 10-notice to vacate.
Louisiana
Leases longer than a month requires a 30-day notice to vacate according to Louisiana Civil Code (CC) 2728. Month-to-month leases require a 10-day notice to terminate the lease while week-to-week leases require only a 5-day notice to vacate. If your lease term is shorter than a week, all you need to do is give your landlord a written notice any time before your lease ends.
Maine
Maine state law only addresses how to terminate your lease when your landlord breaches your contract. If they have, you can terminate your lease by giving a 7-day notice to vacate in-person. Maine Revised Statute Title 14 § 6001 requires that you try to give the notice in-hand at least three times before mailing or leaving the notice at their residence. Otherwise, check your lease for how many days notice to give when there’s no wrongdoing.
Maryland
If you do not have a written lease in Maryland, Maryland Code Title 14 § 8–208 states you can give a one month notice to vacate to terminate your lease.
Massachusetts
Landlords and tenants can terminate a tenancy at will by providing a 90-day notice. To be specific, Massachusetts General Law Chapter 186 § 12 states that notice can be 90 days or for the same number of days between your rent cycle. For example, if you pay rent monthly or every 30 days, you or your landlord can provide a 30-day notice.
If you are late or refusing to pay rent in Massachusetts, Massachusetts General Law Chapter 186 § 11 give landlords the right to terminate your lease by serve you a 14-day notice to vacate but it must include:
''If you have not received a notice to quit for nonpayment of rent within the last twelve months, you have a right to prevent termination of your tenancy by paying or tendering to your landlord, your landlord's attorney or the person to whom you customarily pay your rent the full amount of rent due within ten days after your receipt of this notice.''
Michigan
Michigan Revised Statute § 554.134 states:
- Landlords and tenants can terminate a tenancy at will by serving a 30-day notice;
- Landlords can terminate a tenancy at will with a 7-day notice to vacate if they’re late or are refusing to pay rent;
- A yearly lease can be terminated with a one year notice given by either party - the lease will end one year after the notice is given.
Minnesota
In Minnesota, landlords and tenants can end periodic tenancies with a notice ending before their last intended rent payment. For example, if you pay rent monthly and want to leave at the end of the month, your notice must be received before the rent is due for your last intended month (which would be the first).
Some landlords include clauses in definite term leases allowing tenants to break their lease, usually including a 30 to 60-day notice or a break lease fee, but if not, you will be responsible for paying for the entire term according to “The Landlords and Tenants: Rights and Responsibilities” pamphlet from the Minnesota Attorney General. If your lease does not clearly state how many days notice you must give, § 504B.147 of Minnesota Statutes allows you to use the number of days your landlord is required to give if they were to serve you a notice.
Mississippi
Tenants and landlords in a week-to-week lease in Mississippi can terminate their lease with a 7-day notice to vacate, or a 30-day notice for those in month-to-month leases according to Mississippi Code § 89-8-19.
Missouri
Missouri Revised Statute § 441.050, 441.060 states yearly leases can be terminated with a minimum 60-day notice to vacate ending before the end of the lease. Leases lasting less than a year or at will tenancy by giving a one month notice.
Montana
In Montana, week-to-week leases require a 7-day notice to vacate by either the landlord or tenant; month-to-month leases require a 30-day notice according to Montana Code § 70-24-441. Leases lasting longer than a month should have clauses detailing how to break your lease. If not, you may want to try subletting.
Nebraska
If you have a definite term lease, read over it to look for clauses on how to break the lease. Nebraska Revised Statute § 76-1437 states landlords and tenants with month-to-month leases can terminate the lease with a one month notice; week-to-week leases require a 7-day notice.
Nevada
Nevada Revised Statutes 118A.340, 118A.345 require:
- A 30-day notice within 60 days of relocating for tenants 60 and older with physical or mental disabilities that need to relocate for care that isn’t accessible at their home
- A 30-day notice with a description of the reason why with a copy of a police report, protection order or affidavit for victims of domestic violence, stalking, harrasment or sexual assault
- A 60-day notice within three months after the death of a spouse of tenants with physical or mental disabilities OR who are 60 or older
New Hampshire
New Hampshire law requires tenants at will with month-to-month leases to provide a 30-day notice to terminate their lease. If the termination happens in the middle of a month, the tenant is expected to pay rent for the entire month according to New Hampshire Revised Statute 540:11.
New Jersey
New Jersey Statute 46:8-9.1 technically requires tenants with disabilities or who have lost their spouse to give a 40-day notice to terminate their lease. In the case of disabling illness and disabilities, tenants must:
- provide a notice that includes a note from a treating physician that their or their spouse’s disabling illness makes them unable to work, proof of loss of income and proof that insurance or pension cannot supplement their income to pay rent
- Provide a notice that includes proof the tenant or their spouse, who is at least 62 years old, is accepted in an assisted living or low income residence. A note from a treating physician describing why they need assistance provided by their new residence is required for those relocating to an assisted living, nursing or retirement home.
In both cases, the tenant’s lease will terminate 40 days after the notice is received. Tenants are still required to pay rent up until the 40th day.
New Mexico
As with most states, landlords and tenants in New Mexico can end week-to-week leases with a 7-day notice and month-to-month leases with a 30-day notice to vacate according to New Mexico Uniform Owner Resident Relations Act.
New York
New York Real Property Law Section 226-C requires landlords who do not intend to renew your lease to give at least:
- 30-day notice to vacate if you have lived there for less than a year
- 60-day notice if you have lived there less than a year but shorter than two years
- 90-day notice if you have lived there for more than two year
North Carolina
North Carolina General Statute § 42-14 states: one month notice to vacate is required to terminate year-to-year leases; a 7-day notice for month-to-month leases; a 2-day notice for week-to-week leases.
North Dakota
North Dakota Century Code § 47-16-15 states either landlords or tenants can give a one month notice to terminate a lease. If a longer notice is required, it must be initialed by the tenant when the lease was first signed.
Ohio
Landlords and tenants in Ohio can end week-to-week leases by providing a 7-day notice; month-to-month leases require at least a 30-day notice according to Ohio Revised Code § 5321.17.
Oklahoma
Oklahoma Statute § 41-111 states landlords and tenants can give 30-day notice to terminate month-to-month leases; leases shorter than a month need a 7-day notice.
Oregon
If you do not plan to renew your fixed term lease in Oregon, you do not need to provide a notice. However if you have a year-to-year lease, you or your landlord need a 60-day notice to terminate the lease; a 30-day notice is needed for month-to-month leases. Any lease shorter than three months requires a notice with the same number of days between your rent payments according to Oregon Revised Statute § 91.070.
Pennsylvania
The Pennsylvania Landlord Tenant Act states landlords in Pennsylvania are required to give tenants with a lease shorter than a year or of an indefinite term a 15-day notice to terminate their lease. For terms longer than a year, a 30-day notice to vacate is required.
Rhode Island
Rhode Island Landlord and Tenant Act § 34-18-37 only addresses terminating periodic tenancies:
- A 10-day notice by either landlord or tenant is required for week-to-week leases;
- Month-to-month leases or those lasting less than a year but more than a month require a 30-day notice;
- A three month lease is required for year-to-year leases.
South Carolina
A 7-day notice to vacate is required to terminate week-to-week leases; month-to-month leases require a 30-day lease according to South Carolina’s Landlord and Tenant Act § 27-40-770.
South Dakota
South Dakota Codified Law § 43-8-8 states landlords can terminate leases at will with at least a one month notice to vacate.
Tennessee
Tennessee’s Landlord Tenant Act § 66-28-512 allows landlords and tenants to terminate week-to-week tenancies with a 10-day notice to vacate; a 30-day notice is required for month-to-month leases.
Texas
Texas Statute § 91.001 only addresses month-to-month tenancies stating:
- A notice terminating a lease where rent is paid on a less than monthly basis terminates the lease one month after the notice is given or the date stated in the notice;
- A notice terminating a lease where rent is paid on a monthly basis or longer terminates the lease on the date stated in the notice or at the end of the next rent cycle.
Utah
Utah Courts guidance to Utah’s Landlord Tenant law states a 15-day notice to vacate before the end of the rental period can terminate leases with no fixed end date, including periodic leases.
Vermont
Landlords in Vermont can terminate written leases lasting a year with a 30-day notice to vacate. Leases lasting two years or more require a 60-day notice according to Vermont Statute Title 9 Chapter 37 § 4467.
Virginia
Military tenants in Virginia can terminate their lease if their orders transfer them 35 miles or more away from their current residence. These tenants will have to provide a notice no more than 60 days prior to their departure and will still be responsible for rent if their departure falls in between a rental period according to the Virginia Residential Landlord and Tenant Act § 55.1-1235.
Although rental agreements can require a different length notice, § 55.1-1253 states week-to-week tenancies can be terminated by landlords or tenants providing a 7-day notice; month-to-month tenancies can be terminated by a 30-day notice.
Washington
Periodic leases in Washington can be terminated by a 20-day notice given by either landlord or tenant. Military tenants can give a notice shorter than 20 days if they receive orders to move in less than 20 days according to Revised Code of Washington 59.18.200.
West Virginia
Landlords and tenants in year-to-year leases can provide a three month notice to terminate their lease. Periodic tenancies shorter than a year can also be terminated by a three month notice or a notice no shorter than their rental period. For example, if you pay rent on a bi-weekly basis, your notice cannot be shorter than 14 days according to West Virginia Code § 37-6-5. The law explicitly states it does not apply to fixed term leases.
Wisconsin
A 28-day notice to vacate by either a landlord or tenant is required to terminate periodic leases in Wisconsin unless the rent is paid in shorter than monthly period. If so, the notice should be as long as their rental period according to Wisconsin Statute § 704.19.
Wyoming
Wyoming state law only addresses notices to vacate if a landlord is serving it to a tenant that has either:
- Failed to pay rent
- Tenant stays after lease expires
- Damaged the unit
- Interfered with other ability to enjoy their residence
- Denied the landlord access to the unit
- Failed to maintain utilities if agreed to do so as well as a safe and sanitary residence