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 Illinois, 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 required for such a notice is often outlined in the lease agreement itself. However, if the lease does not specify, Illinois state law requires at least a 30-day notice for month-to-month tenancies. For a landlord, providing a notice to vacate to a tenant can be due to lease expiration, a significant breach of the lease terms, or a violation of law by the tenant. The Illinois Forcible Entry and Detainer Act stipulates the process and notice periods for eviction, which can vary from a 5-day notice for non-payment of rent to a 10-day notice for lease violations. It's important for both parties to adhere to the terms of the lease and relevant state and local regulations when issuing a notice to vacate. Failure to provide proper notice can lead to legal disputes and potential penalties.