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 Wisconsin, a notice to vacate is a formal communication by which either a tenant informs the landlord of their intention to leave the rental property at the end of the lease term, or a landlord informs the tenant that they must leave the property. The specific time frame for the notice to vacate depends on the type of tenancy. For a month-to-month tenancy, Wisconsin law requires a 28-day notice. For a fixed-term lease, the notice period is typically governed by the lease terms. If a tenant is being evicted for a material breach of the lease or violation of law, the notice period may be shorter, such as a 5-day or 14-day notice, depending on the nature of the breach. It is important for both tenants and landlords to review their lease agreements and adhere to Wisconsin statutes, as well as any applicable local ordinances, when issuing a notice to vacate. Failure to provide proper notice or follow the correct procedures can lead to legal complications.