Last Updated: January 27, 2023.

About this Form Set

The Notice to Vacate informs the tenant that the tenant must vacate the property. The notice must include the following:

  • Date. The date the notice was delivered or posted.
  • Address. The address of the property that the tenant must vacate.
  • Number of Days. The number of days the tenant has to vacate the property. This number depends on whether there is a written lease in effect or if it is a month-to-month tenancy.
  • Eviction Basis. If there is a written lease or the eviction is due to the expiration of the lease term, the Notice to Vacate must state the reason for the eviction.

Written Lease: 5-Day Notice to Vacate

The landlord must provide a Notice to Vacate to the tenant unless the written lease specifically waives this requirement. If a written lease is in effect, the Notice to Vacate must inform the tenant that they have five (5) working days from the date of delivery or receipt to vacate the property. Holidays and weekends may not be counted in the five (5) days. If the lease has a definite term, the Notice to Vacate cannot be given more than 30 days before the end of the lease term.

Month-to-Month Tenancy: 10-Day Notice to Vacate

For month-to-month tenancies, the Notice to Vacate requirement cannot be waived. The landlord must deliver the Notice to Vacate to the tenant no later than (10) ten days before the end of the current rental month, stating that the tenant must vacate the property by the last day of the rental month.


Basis for the Eviction

The Notice to Vacate must clearly state the reason for the eviction if a written lease in effect or if the eviction is due to the expiration of the lease term. Some examples of reasons for eviction include: 

  1. The expiration of the lease term
  2. Rent nonpayment
  3. Specific violations of the lease agreement by the tenant