A notice to quit is the first step (or pre-step) along with the eviction proceedings. It is a notice to a tenant, the purpose of which is to give them a warning that the landlord has noted a lease violation, and a timeline to resolve the issue before eviction proceedings are formally begun.
For example, if a tenant is late to pay the rent then the notice to quit would detail the amount of rent outstanding, and how long the tenant has to pay before the landlord will file for eviction. The tenant then either has to pay the remaining in rent or quit the premises.
In most cases, a landlord needs to give the tenant a notice to quit and at least 3 days (though sometimes more) to fix the issue before filing for eviction, there are exceptions to this rule depending on the type of violation and the state in which you are located.
There are several scenarios where you might supply notice to quit to your tenant. First, when a tenant has violated a clause in the lease agreement or secondly because of an external factor unrelated to the tenant, such as the property being taken off the rental market.
The following are a few examples of why you might send a notice to quit:
Whatever the reason it must be clearly spelled out in the Notice, and as mentioned above, most scenarios mean you have to allow the tenant a period to rectify the issue.
Failure to present a tenant with a Notice to Quit is a common eviction mistake landlords make.
All adults who are named on the lease need to be included, with their full and correct names on the notice. In addition to naming the tenants, you should also include the following details:
Every state has slightly different rules when it comes to delivering a notice to quit so you should carefully check your local state laws.
Some states, as an example, require the notice to be hand-delivered by the landlord. Others that it should be delivered by certified mail.
You can quickly get customized legal notices from our partner Rocket Lawyer.
This is dependent on two things. First, where you are located, different laws have varying laws around serving a notice to quit as we mentioned in the sections above.
Second, it depends on the reason you are sending the notice to quit. In most cases, a notice to quit needs to be given at least 3 days before you file for eviction.
In other cases, you may need to supply a notice to cease before you supply the notice to quit.
One of two things happens after you supply a notice to quit.
The first possibility is that the tenant obeys the notice. Meaning they resolve the issues detailed, or they voluntarily leave. For example, if you have serviced them pay or quit notice as they are overdue on rent, they decide to pay the overdue rent before the time period is over. In doing this both parties avoid time-consuming and expensive eviction proceedings.
The tenant may choose to disregard the notice. Maybe they think they’re in the right and are thus willing to fight it out in court, or they know that it could take months to evict them and they are buying time as they don’t have anywhere else to go.
If the tenant does choose to ignore the notice, you will want to begin the eviction process. It is advisable to seek appropriate legal counsel from an eviction lawyer.
When the necessary waiting period as outlined in your state laws, ends, you need to file a tenant-landlord complaint in court. In many places, it is illegal to evict a tenant until all court proceedings are over. This process can take months.
Before you get a date for a hearing you will need to pay a fee and complete all the necessary paperwork. When the day does come, make sure to bring all evidence and paperwork showing the reason and evidence for the eviction, and clearly showing that you have gone through all the correct legal steps in the right order. On top of this, you will want to prepare ahead of time what you’re going to say in court.
One of the most common reasons that a landlord will need to give a tenant a notice to quit is because a tenant is late with the rent. There are several ways to encourage timely payment, such as having a clearly outlined late fee and grace period policy.
One of the most effective ways to manage tenant payments efficiently is to set up friendly rent reminder emails in the Landlord Studio app. You can also set up emails to go out a set number of days after the rent is due if it hasn’t been paid to automatically chase up tenants and remind them of your late fee policy.
Having these emails automated saves time and removes the stress that comes with tenants forgetting to pay the rent on time.
You can set up rent reminder emails when creating a lease in the software (or add these reminder emails to the lease at a later date).
You can head over to our tutorial videos to learn more.
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Ben is an author and real estate enthusiast. His interest in all things entrepreneurial has led him to work with real estate professionals all over the world, distilling their knowledge into articles and Ebooks.
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