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 Tennessee, a notice to vacate is a formal communication from either the tenant or the landlord indicating the intention to end the rental agreement. For tenants, this typically means they are informing the landlord that they will not renew their lease upon its expiration. Conversely, landlords may issue a notice to vacate to tenants for reasons such as the end of the lease term, significant breaches of the lease agreement, or legal violations by the tenant. The specific time frame required for such notices—whether it's 30, 60, 90 days, or another period—depends on the terms of the lease and Tennessee state law. Under Tennessee Code Annotated § 66-28-512, landlords must generally provide a 30-day notice to terminate a month-to-month tenancy. For breaches of the lease, the required notice period may be shorter, such as a 14-day notice for nonpayment of rent under § 66-7-109. Tenants and landlords should review their lease agreements and familiarize themselves with relevant state statutes and local ordinances to ensure compliance with the proper procedures and time frames for giving a notice to vacate.