This article will briefly explain the beginning of the eviction process, what is a "Notice to Quit" and provide a list of each state's requirements with regard to the length of time within which a tenant is to be permitted with the ability to "cure" - to make payment, vacate the premises or otherwise remedy certain types of problems that are of concern a landlord.
What Is A Notice To Quit ?A Notice to Quit is the first step, required by law, that a landlord must take in order to regain possession of rental property. The word "quit" means "leave" in plain English. The landlord is giving the tenant notice to leave the premises unless the tenant "cures" (or "remedies") a lease term breached by the tenant. Most often these notices are generated by a failure to pay rent. There are three types of Notices to Quit which are provided on through this site in the legal forms section as well and also commonly available at local courts.
Why Do We Have A Notice To Quit ?When a tenant does not pay rent or abuses the property, a landlord is entitled to take legal action to protect the real estate investment. Basic law requires that the tenant must get notice of the problem concerning the landlord and have a reasonable chance to correct it or leave the premises. This prevents misunderstandings from being brought to court and wasting valuable court time.
When Should A Landlord Use A Notice To Quit?A Notice to Quit may be used when:
- Rent is not paid on time (non-payment proceedings)
- The tenant refuses to leave after the lease expires (holdover proceedings)
- No lease exists and the landlord simply wants the tenant to vacate (eviction)
- The tenant creates a health hazard at the premises or physical damages the property which is serious and ongoing
How Do You Serve A Notice To Quit?
Personal ServiceNotice is given directly to the tenant, e.g. the Super provides the tenant with the notice
Mail ServiceThe notice is sealed in an envelope, properly addressed to the tenant, and placed in the mailbox of a reputable mail carrier (the law will generally presume that the notice will be received by the recipient within a short time specified by law - best to send with a certified method of mail to determine date actually received by tenant.)
Notice to Quit - By StateThe following is a chart providing the number of days to cure a default in payment of rent or notice to quit.
As the law changes from time to time, please consult with your landlord-tenant attorney to make sure that the time appearing on this chart is accurate for your state.
State Days Notes Alabama 10 - Alaska 7 - Arizona 5 - Arkansas 10 - California 3 - Colorado 3 - Connecticut 3 - Delaware 5 - D.C. 5 - Florida 3 - Georgia 7 - Hawaii 5 - Idaho 3 - Illinois 5 - Indiana 10 - Iowa 3 - Kansas 3 For leases with pay period 3 months or less Kansas 10 For leases with pay period more than 3 months Kentucky 7 - Louisiana 10 sent at least 10 days prior to end of current month/pay period Massachusetts 14 - Maine 7 - Maryland 9 5 days to appear in court followed by 4 days to vacate Michigan 7 - Minnesota 14 - Mississippi 3 - Missouri 0 Immediate Montana 3 - Nebraska 3 - Nevada 5 - New Hampshire 7 - New Hampshire 30 month to month leases New Jersey 30 Must accept rent remitted at any time prior to trial New Mexico 3 - New York 3 - North Carolina 10 - North Dakota 3 - Ohio 3 - Oklahoma 5 - Oregon 10 - Pennsylvania 15 Lease may specify a shorter time Rhode Island 5 - South Carolina 5 - South Dakota 3 - Tennessee 10 - Texas 3 - Utah 5 - Vermont 14 - Virginia 5 - Washington 10 - West Virginia 0 Immediate Wisconsin 5 - Wisconsin 14 Occurring second time in 1 year for year to year leases Wisconsin 30 If to terminate lease of more than 1 year Wyoming 3 -
- Landlord Tenant Law:
- Notices - Notice to Quit
Eviction "Notice to Quit" Before Eviction: State Law Chart
By Michael M. Wechsler |
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