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 Delaware, 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 required when they do not intend to renew their lease upon its expiration. The specific time frame for providing this notice is often stipulated in the lease agreement; however, if the lease does not specify, Delaware law requires tenants to give notice according to the rental payment period—60 days for year-to-year leases, 30 days for month-to-month leases, and 7 days for week-to-week leases. Landlords, on the other hand, may issue a notice to vacate to tenants for reasons such as lease expiration, significant breaches of the lease, or legal violations by the tenant. The time frames for landlord notices vary based on the reason for eviction; for example, a 5-day notice for nonpayment of rent or a 7-day notice for violations of the lease terms. Both parties should consult the lease and Delaware's Residential Landlord-Tenant Code to ensure compliance with the required notice periods and procedures.