Explanation of Serving Notice to Quit on Tenant

As a landlord, you likely have a lease agreement with all of your tenants. This means that you must comply with the lease at all times even when you have to take the steps necessary to force eviction. A notice to quit is just one of the steps that you must take as a landlord to remove a tenant from you rental property or apartment. This type of quit notice is given to a tenant before any lawsuit is taken. It is essential that you understand the wording in the quit notice changes based on the state or county that you are a landlord in.

Single Page Document

Most notices to quit that are served by landlords are just one page in length. This notice should be signed by both the landlord and an attorney. This notice to quit will be given to the tenant legally and it should be clear on the date of eviction. Another element that this notice to quit must contain involves the reason behind the eviction. You must clearly state why the tenant must vacate the property and refer back the lease to show that the agreement was broken.

Not Legally Binding

Even though most notices to quit are signed by an attorney, it is important to note that this document is not legally binding. This means that it is an option of the tenant to simply ignore the notice to quit. However, this document is a step in the eviction process, because if it is ignored the landlord can begin the process of filing a lawsuit against the tenant.

Why is a Notice to Quit Given?

There are a variety of reasons why a landlord would choose to give a tenant a notice to quit. The most common reasons include failure to pay rent, noise complaints or pets on the property that are not allowed.

Avoiding Legal Action

Once the notice to quit is given to the tenant it is possible to avoid a lawsuit altogether. In many cases, the landlord and tenant can come to an agreement and the eviction process might even have the chance to be stopped. This notice to quit is not seen as legal action and is simple to resolve. If you have an issue as a landlord and are looking to start the eviction process, you can begin with a notice to quit.

Posted on Aug 12, 2014


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