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 West Virginia, a notice to vacate is a formal communication from a tenant to a landlord, or vice versa, indicating the intention to end the lease agreement. When a tenant decides not to renew their lease, they must provide this notice according to the terms specified in the lease agreement, which often stipulates the time frame for advance notice, commonly 30, 60, or 90 days. Similarly, a landlord can issue a notice to vacate to a tenant for reasons such as the lease's expiration, a significant breach of the lease terms, or a violation of law by the tenant. The specific requirements for issuing a notice to vacate in West Virginia are governed by the West Virginia Residential Landlord and Tenant Act. For example, for month-to-month tenancies, either party typically must provide at least one month's notice before the end of the rental period. For breaches of the lease, the landlord may be required to give a shorter notice, such as a 3-day notice, depending on the severity of the breach. It is crucial for both tenants and landlords to review their lease agreements and familiarize themselves with relevant state statutes and local ordinances to ensure compliance with the proper procedures for giving notice to vacate.