When Tenants Give Notice: What Counts as Legal Notice to Vacate?

When Tenants Give Notice: What Counts as Legal Notice to Vacate?

Many landlords have received emails from tenants stating they intend to move out—or that they already have. But when a lease requires written notice of non-renewal or intent to vacate, does an email count?

This article explains:

• Why notice of non-renewal is different from giving notice to vacate before the lease ends

• What Berkeley landlords need to know about local limits on how much notice tenants can be required to give

• What forms of written notice are legally valid under most leases

• When an emailed notice might suffice—and how to document your acceptance if you choose to allow it

Lease Type Matters

Whether the tenancy is month-to-month or fixed-term changes how notice works.

Month-to-month tenancy: A tenant may terminate by giving at least 30 days' written notice. A longer period is not enforceable. If the landlord wants the unit back, Just Cause requirements apply in Berkeley, and notice must be served using a Rent Board-approved form.

Fixed-term lease: A tenant cannot be required to vacate before the expiration date unless the lease is terminated early by mutual agreement, or the tenant is legally evicted. However, many fixed-term leases include an auto-renewal clause or require tenants to notify the housing provider of their intent to extend or not extend.

When the Lease Includes an Auto-Renewal Clause

Many BPOA leases include a customizable clause stating that tenants must provide 30, 45, or 60 days’ written notice of either their intent to extend the lease for another term or their intent not to renew.

⚠️ Berkeley-specific rule: Under Berkeley’s Good Cause for Eviction Ordinance, if the lease contains an automatic renewal clause, tenants cannot be required to give more than 30 days’ notice of their intent not to auto-renew. Any longer requirement is unenforceable.

Giving notice of intent not to auto-renew simply prevents the lease from rolling over into a new fixed term. It does not terminate the tenancy. Unless both parties agree otherwise, the tenancy typically continues on a month-to-month basis once the lease term ends.

If a tenant intends to move out, they must give separate written notice of their intent to vacate, served in the manner required by the lease.

What Counts as Legal Written Notice?

To qualify as valid written notice of intent to vacate or not renew, the tenant’s communication must:

• Be in writing, delivered in the manner specified by the lease

• Clearly state their intent not to renew or to vacate at the end of the lease

• Be signed or acknowledged in a way that can be verified

Check your lease. Most BPOA leases state that notices to terminate the tenancy, cure a default, or raise the rent must be delivered in hard copy, while all other notices (like maintenance requests or general communication) may be sent by email.

If your lease contains this language, a tenant’s notice to vacate—because it is a notice to terminate the tenancy—must be delivered in hard copy to be valid.

What If the Tenant Emails You Their Notice?

Tenants often email “We’re moving out on [date]” without realizing that:

• Their lease may require a formal written notice in hard copy

• Notice must be delivered a specific number of days in advance

• Certain terms, like early termination, require mutual agreement

You have two options:

1. Accept the emailed notice as valid: If you don’t want to enforce the stricter lease requirement, you can treat the email as valid notice. If you do this, reply confirming receipt and attach a formal “Notice of Resident’s Intent to Vacate” via DocuSign or other e-signature tool. This creates a signed record and ensures the move-out date is clearly documented.

2. Require proper service: If you prefer to enforce lease terms, reply promptly and request written notice be delivered per the lease instructions. Let the tenant know their email does not satisfy the notice requirement.

Best Practices

• Include a reminder about renewal deadlines or move-out notice expectations 60 days before lease expiration

• Reply to emailed notices with either a confirmation or a correction request

• When accepting notice by email, follow up with a form signed through DocuSign or equivalent tool

• Understand that in Berkeley, notice requirements longer than 30 days may not be enforceable for auto-renewing leases

• Clarify in your lease that notices to terminate must be served in hard copy—especially if you plan to enforce that

Final Thought

Giving notice of intent not to auto-renew is not the same as giving notice to vacate. The former prevents automatic lease renewal. The latter is a termination of tenancy that must follow lease terms and legal service requirements to be effective.

And remember: If the lease includes an auto-renewal clause, it does not automatically terminate on its expiration date. It continues unless one party acts to prevent renewal—and even then, the tenancy typically transitions to month-to-month unless the tenant chooses to vacate or the landlord issues a lawful termination notice.

Make sure your lease aligns with local law and clearly states how notice must be given.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Housing providers should consult qualified legal counsel for guidance specific to their lease agreements and circumstances.