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 Maryland, 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; however, if the lease does not specify, Maryland law requires tenants to provide at least one month's notice for month-to-month leases. For landlords, the notice period to end a tenancy can vary based on the reason for eviction and the type of tenancy. For example, for month-to-month tenancies, landlords must generally provide one month's notice. If the eviction is for a lease violation or illegal activity, the notice period may be shorter, such as 14 days for a breach of lease or immediate notice for serious threats to safety. It is important for both tenants and landlords to review their lease agreements and consult Maryland state statutes and local ordinances to ensure compliance with the required notice periods and procedures for vacating a rental property.