Notice To Vacate: Notifying Tenants To Leave (2026)

What Is a Notice to Vacate?

A vacate notice is a communication from the landlord informing the tenant that they must leave the leased premises.

In some states, this notice is informal. It may be a letter or email reminding the tenant of the deadline to vacate.

In other states, the notice is the first step of an eviction. For example, Texas law requires landlords to provide a written vacate notice before filing an eviction lawsuit.

When a Notice to Vacate Is Needed

A landlord may use this notice in the following circumstances:

• Lease is ending
• Landlord declines to renew a lease

In states where a vacate notice commences the eviction process, landlords use them when tenants do any of the following:

• Materially breach the lease
• Fail to pay rent
• Hold over beyond the lease’s end

Additionally, under the federal CARES Act, a vacate notice is required before evicting a tenant from public housing or rental units with federally backed mortgages.

Notice Periods and Legal Requirements

When a landlord sends a courtesy notice, there is no notice period. For example, a reminder that the lease has not been renewed may be sent at any time.

However, when the notice initiates an eviction, the law sets the waiting period before filing a lawsuit. Texas requires a three-day move-out period. The CARES Act requires 30 days.

What to Include in a Notice to Vacate

An informal notice may include the following information:

• Tenant name and property address
• Landlord or rental property management name and contact information
• Date
• Reminder to vacate and the reason
• Deadline

In some situations, the letter may list any rent or fees due.

A formal notice must comply with the state or federal law requiring it. Landlords commencing an eviction should check the law to identify mandatory elements.

How to Deliver a Notice to Vacate

Landlords typically deliver notices in person or via certified mail, with a return receipt requested. However, many states consider vacate notices effective when they are posted at the leased property.

What Happens After the Notice Is Given?

For informal notices, the landlord will wait until the deadline and verify that the tenant has left. If the tenant holds over, the landlord can commence an eviction. For formal notices, the landlord can file a lawsuit after the statutory waiting period.

Notice to Vacate vs. Eviction Notice

In many states, a vacate notice is not an eviction notice. An eviction notice commences the eviction process while a vacate notice simply informs the tenant of the move-out deadline.

Under the CARES Act, Texas law, and the laws of a few other jurisdictions, a vacate notice commences the eviction process and effectively acts as an eviction notice.

Use Vacate Notices Effectively

Vacate notices may be formal or informal. Informal notices alert the tenant to their move-out deadline. Formal notices must comply with eviction laws. These notices help landlords protect the property’s value and their ownership rights.