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 Georgia, 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 a written notice of intent to vacate, typically according to the time frame stipulated in the lease agreement (e.g., 30, 60, or 90 days before the lease ends). Conversely, a landlord may issue a notice to vacate to a tenant for reasons such as the lease's expiration or a significant breach of the lease terms, like non-payment of rent or other violations. The specific requirements for issuing a notice to vacate in Georgia are governed by the lease agreement and state law, particularly the Georgia Landlord-Tenant Act. For example, for month-to-month tenancies, Georgia law requires a 60-day notice from the landlord and a 30-day notice from the tenant. It is crucial for both parties to review their lease and familiarize themselves with relevant state statutes and local ordinances to ensure compliance with the proper notice period and procedures.