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 Louisiana, a notice to vacate is a formal communication from either the tenant or the landlord 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 to the landlord or the property management. The required notice period can vary depending on the terms of the lease and state law. Louisiana law requires a tenant to provide a 10-day notice to vacate before the end of the lease for a month-to-month rental agreement, as per Louisiana Revised Statutes 9:3251. For a landlord, the notice period to vacate can differ based on the reason for eviction. For example, if a tenant breaches the lease or violates the law, the landlord may provide a shorter notice period, such as a 5-day notice for nonpayment of rent under Louisiana Revised Statutes 9:3251. It is crucial for both tenants and landlords to review the lease agreement and adhere to Louisiana statutes and any applicable local ordinances when issuing a notice to vacate.