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 Wisconsin, 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 renew their lease upon its expiration. The specific time frame for providing this notice can vary based on the terms of the lease agreement and state law. Wisconsin state law requires a tenant to give a 28-day notice to terminate a periodic tenancy, such as a month-to-month lease. For a landlord, giving a notice to vacate usually relates to lease expiration or a significant breach of the lease terms by the tenant, such as nonpayment of rent or other violations. The required notice period for landlords can vary; for example, a 5-day or 14-day notice may be given for nonpayment of rent, depending on whether the landlord wants to allow the tenant an opportunity to pay the overdue rent or not. It's important for both tenants and landlords to review their lease agreements and consult Wisconsin statutes and local ordinances to ensure compliance with the specific requirements for issuing a notice to vacate.