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.
When it comes to having a tenant for the first time, it can be pretty daunting because you are going to be the corresponding landlord and a new relationship will emerge, which will need time to grow... More
The landlord and tenant laws in California are literally the same as they are in any other state. These laws, rules and regulations are put into practice because they uphold an order, a discipline,... More
People are aware that there are different rulings in each state with reference to the landlord/tenant laws. The state of Illinois also has a set of laws. These rules and regulations are basically... More
All landlords know that before they can formally become a landlord there are a lot of things they need to understand. Landlords and tenants cannot act as such without any legal bodies involved. That... More
When entering into an agreement with a potential tenant, a landlord needs to fully understand the contract that binds them into the specific relationship of being a landlord and a tenant. Now that the... More
If you’re currently considering the option of offering one of your properties for rental purposes, you should first educate yourself about the landlord tenant relationship. For the first timers, it’s... More
Landlords have a lot on their plates, which is quite understandable. It may also be true that you, being a full functional landlord, have done your best but have missed something when it comes to your... More
Landlords have many things to think of; they have to deal with legal issues, privacy issues, and so much more. Above all, they sometimes need to deal with a problem tenant. The interesting thing is... More
Most landlords may have some idea what an Estoppel Certificate is. However, many aspiring landlords are still unaware of what this certificate is all about. Basically, a tenant Estoppel Certificate is... More