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 West Virginia, a notice to vacate is a formal communication from a tenant to a landlord, or vice versa, indicating the intention to end the lease agreement. When a tenant decides not to renew their lease, they must provide this notice according to the terms specified in the lease agreement, which often stipulates the required notice period (e.g., 30, 60, or 90 days before the lease ends). Similarly, a landlord can issue a notice to vacate to a tenant for reasons such as the lease's expiration or a significant breach of the lease terms, such as non-payment of rent or other violations. The specific time frame for these notices can vary and may be outlined in the lease or governed by state law. West Virginia Code §37-6-5 details the legal process for terminating tenancy, including the notice period, which is typically one full rental period in advance for a periodic tenancy. For breaches of the lease, the required notice period may be shorter, such as a 3-day notice for non-payment of rent under West Virginia Code §55-3A-1. It is crucial for both tenants and landlords to review their lease agreements and familiarize themselves with West Virginia's relevant statutes to ensure compliance with the proper procedures for issuing a notice to vacate.