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 Kentucky, 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 itself. Kentucky law also allows landlords to issue a notice to vacate to tenants, commonly referred to as a notice to quit, under certain circumstances such as lease expiration, significant breaches of the lease, or legal violations by the tenant. The required notice period for landlords can vary depending on the reason for eviction; for example, for non-payment of rent, a 7-day notice is required (KRS 383.660(2)), while other lease violations may necessitate a 14-day or 30-day notice (KRS 383.660(1)). It is crucial for both tenants and landlords to review their lease agreements and adhere to Kentucky's landlord-tenant statutes, as well as any applicable local ordinances, to ensure compliance with the proper procedures and time frames for giving notice to vacate.