A Notice to Vacate is a notice written by the landlord or property manager giving a notice to leave the premises within a specified time frame. This type of notice is typically given during the end of a lease period, or due to an infringement of the lease agreement.
In such cases, this means you have 30 days to vacate the premises. On the other hand, if you wish to vacate, this notice empowers the landlord or property manager to begin advertising the property.
Challenging the notice
As a tenant, you have a right to challenge a Notice to Vacate. You may argue against the notice if it is not given properly, or if you disagree with the reason given.
You can also challenge the notice given for no specified reason or to end a fixed-term tenancy, if you believe it was given because you were exercising your legal rights and saying you would do so.
You can contact your state Consumer Affairs or local tenancy advocacy service for more information about your options.
If you have given the appropriate notice to vacate your rental property, and have not left by the end of the due date, the landlord or property manager can seek an Order for Possession from the state Tribunal. This order may instruct you to vacate the property.
Remember: A landlord or property manager cannot personally use force to remove you from the property. Only the police may carry out an eviction, and only when they are acting on a Warrant for Possession.