Notice to Quit
Notice to Quit
Before beginning the eviction process against a tenant, a landlord must properly notify the tenant that he or she is terminating the tenancy. This done through a written Notice to Quit provided to the tenant. A Notice to Quit states that a tenant must “deliver up” or “vacate” the space by a certain date. However, the date listed on the Notice to Quit is not the date you have to move out. Instead, this notice acts as a warning of the landlord’s desire to have you move out. Ultimately, a judge must determine whether a tenant has to move out and when.
There are two types of Notices to Quit. The first type is called a 14-Day Notice to Quit. A 14-Day Notice to Quit is only used when a tenant does not pay his or her rent. If a tenant receives this type of Notice to Quit, he or she can “cure” by paying the full amount of the rent owed within 10 days of receiving the notice.
The second type of Notice to Quit is called a 30-Day Notice to Quit. A 30-Day Notice to Quit can list any reason for eviction, other than non-payment of rent, or no reason for eviction in a situation where the tenant is considered a tenant-at-will. In order to be valid, a 30-Day Notice to Quit must be received at least 30 days, or one full rental period, in advance of the “deliver up” date.
It is possible for a landlord to serve both a 14-Day Notice to Quit and a 30-Day Notice to Quit on a tenant at the same time.
If you are looking for professional representation during an eviction, or you would like a more detailed explanation of the eviction process, please feel free to contact Mikowski & Leonard, LLC for a completely free consultation. Our attorneys have experience representing landlords and tenants in both Housing Court and District Court.