Posted in Blog  
  on Sep 06, 2012

Using a Notice to Vacate or Notice to Quit

When the landlord realizes that the tenant has overstepped the line which was suitable to keep the relationship going smoothly, there comes the time when he wants nothing than to make the tenants leave. Back in the day when the word of mouth was enough to keep a contract between two persons, the word would also be terminated by mouth and the both parties would simply keep out each other’s way. Now that law has progressively gotten better, there are more rights that are given to both parties and so, under the law equal rights are afforded to both landlords and tenants.

When you want to make sure your tenants just leave your rental space, there is something that the landlord needs to make use of, which is known as the Notice to Vacate. The Notice to Vacate is a notice that will specify to the tenants that they will have to leave the premises. This could be for whatever reason; whether or not you wish to sell the place, or use it for your own purposes, rent it to another family or friend etc. The Notice to Vacate simply states that the landlord is asking that the tenants leave the premises in the time specified.

When, and if you have a periodic tenancy, the law requires that the landlord or the tenant present the Notice to Quit. This means that there is a legality issue, which both the parties must face when, and if they want to vacate the premises, or have them vacated. If you want to put the Notice to Quit to use, there will have to be things that will need to be fulfilled.

The following two conditions will need to be fulfilled before anyone can file for the notice to quit:

       
  • The notice must be of the right length; this usually refers to the period of the tenancy. It means that you will have to give a one-week notice for a weekly tenancy, whereas a monthly tenancy will ask for a month’s notice. It is worth mentioning that a six-month notice is usually enough for a yearly tenancy.

  •    
  • A correct day must be specified for the expiry of the NTQ (Notice to Quit). The correct day is usually the end of the current tenancy period; however, it can also be the first day of the next (subsequent) period.


What both parties also need to consider, is the fact that you cannot just issue a Notice to Quit just by leaving it at the door step. You must hand it to them, and it must be confirmed that they have received it, or else it will be considered void.

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