Notice to Quit: Everything That Landlord Needs to Know
By: ROS Team
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Do you plan to get your property to evict a tenant? You believe your tenant is not observing laws as per the lease. Rejoice, for you have an option to show your tenant a door.
Though, a pertinent option to pursue eviction is by sending a notice to quit letter. It holds legal value. It is likely to help you out in all the future proceedings of the court, in case any deadlock happens between you and your tenant.
However, this is not all about serving one legal notice. It bears meticulous details which you shall endeavor to know, such as what is a notice to quit? When is the right time to send a notice to quit?
Notice to Quit Letter?
Basically, a letter that you serve to the tenant for the eviction of property is considered a notice to quit the letter. In that letter, you are supposed to ink down the lease violations that you believe were violated by the tenant. Along with the violation acts, you shall place a certain time limit to the tenant to let him revise his action to avoid the ultimate consequences.
Though laws vary across the country sending a notice to quit is generally considered the established way to execute the plan for property eviction.
Therefore, even if you are not pressed by the law, it’s a good idea to serve notice if you have taken a final decision of eviction. Having said it all, you are supposed to strictly adhere to the lease agreements.
When is the Right Time to Serve a Notice to Quit?
Two Different Scenarios:
If the actions of your tenant forced you to pursue it.
First things first, no matter what the reason is, you need to mention and explain it clearly in the notice to quit letter why you are sending this letter.
Following are the Possible Scenarios:
Skipping Due Rent: If you have not received your due payment if rent is well past your agreed date. Then you hold the right to send a notice to quit letter. Mention the due date clearly in the letter.
Unauthorized Pet in the Building: If you have caught a tenant with a pet in a pet-free building, you have the moral ground to serve the notice. A notice to quit is the first step toward giving your tenant a warning that you’re aware of the pet’s presence on the premises.
Unhygienic Lifestyle: You deserve that your property is kept in good condition. Did you observe grime, dirt, and dust everywhere? To save your property from potential damage, you can serve notice with the pretext of excessive un-cleanliness or unhygienic living conditions
Long-term Guests without Permission: If you come to know people living on the property who were not authorized to stay, you shall send a notice to quit as the first step. This is likely to allow them to move out or you can evict them if they don’t leave.
Complaints from Neighbors: Complaints such as excessive noise are what may trigger the eviction plan as well. It is particularly disturbing in a multi-unit building and you can send them a notice to quit letter.
Eviction in Case of Lease End: If the lease has already expired and has got no indication for the renewal of the lease. You may force the tenant out of the property by serving him a notice to quit in the first place.
How to Write a Precise Notice to Quit Letter:
At the start, you shall write the names as mentioned in the lease agreement.
Also include the exact address of the property.
Do not forget to mention the date, be it in the header, or within the body of the document.
The body part is the most important. You shall incorporate the reasons you feel forced to serve this notice to the tenant. Clear highlight if it is due to the violation of the lease by the tenant or you are taking off the market from the rental market? In addition to it, pen down the date by which the tenant is supposed to leave the property.
In case of violation at the end of the tenant, specify the number of days the tenant will have to fix the issue to avoid further action.
Also, mention the date for the tenant if chosen to not fix the problem.
In case you are bent hard to evict the property from the tenant for whatever reason, make sure to check the local laws for your state and double-check the lease agreement if there is something in the defense of the tenant. It is likely to save you from a lot of trouble.