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What are
the Different Types of Notice to Quit
for Tenants and Landlords?
What
are the different types of notice to quit for tenants and landlords?
Uncover the different types of notices to quit and learn which
is
the correct notice to end your tenancy quickly and painlessly.
What is
a
Notice to Quit Lease?
Are you a landlord who wants to regain possession of your rental
property or a tenant who wants to move out? Then this notice is exactly
what you will need.
Depending
on your local landlord tenant laws and the reason for terminating your
lease (be it forceful eviction or peaceful ending), you will have to
give this notice to other party in writing 3 to 60 days beforehand.
What
are the Different Types of Notices to Quit?
1.
Notice-to-Quit for Non Payment of Rent
If
your tenants are unable or unwilling to pay their rent, you
can
send them a pay
or quit notice to make them pay up the rent within a deadline
or
they will have to leave your property.
In most areas, this deadline is
3 days but can stretch up to 14 days depending on your local landlord
tenant
laws.
If you want
to evict your tenants, you will have serve
them this notice first and if they refuse to pay up by the deadline,
you can go to court and file an unlawful detainer action to begin the
eviction process.
2.
Notice-to-Quit for Breaking Laws or Lease Terms
This type
of notice to quit lease is issued by the landlord and it is labelled a notice to perform or quit
/ comply or quit.
If
you are unlucky enough to be stuck with bad tenants who openly break
the
rules of your rental agreement, you can make use of this notice to
order them to clean up their mess or move out of your rental property.
In
most areas, they will have to fix the problems within 3
days to 14 days depending on property laws. This notice is
also a
crucial first step before you are allowed to begin the legal eviction
process.
3.
Notice-to-Quit for Termination of Tenancy
This
third type of notice is very different from the ones above. Instead of
being a weapon for chasing away nightmare tenants, a notice for
termination of tenancy is used to end a week-to-week or month-to-month periodic tenancy peacefully.
Do
note that for this type of notice, either landlord or tenant can use it
to inform the other party that they intend to end the rental agreement.
You do not need the permission of other party as long as you inform
them in advance.
If you are a tenant, Click
here for our 30
day notice to landlord.
If you are a landlord, Click
here for our 30
day notice to vacate.
According to the laws in many countries, you
will have to inform your tenants 30 days in advance so that they have
enough time to find a new place to stay. In some areas and situations
(such government subsidised tenants), you may have to give them this
notice up to 60 days beforehand.
Important
Things that You Should Know about Notices to Quit
For
first two types of notices (pay-or-quit notice and perfom-or-quit
notice),
you are not allowed to toss your tenants on the street or change the
locks of your property even if they refuse to budge when the deadline
is up.
You will have to file an unlawful detainer and win your
eviction lawsuit first. Even after winning your lawsuit, only the
police or government authorities can force them out. If you want to
learn to more about the evicting your tenants, Click here for our step by
step guide on how to evict a tenant.
As
for a notice for termination of tenancy (30 day notice to vacate), you
may have to give your
tenants more time in advance if they are elderly, disabled or under a
government subsidized housing program. For example if your tenants are
in the Section 8 program
in the USA, you will need to give them a 90 day notice to quit.
If
you are in a fixed term lease, you cannot use a notice to quit for
ending the rental agreement if the lease period is not over yet and
your tenants did not break any rules. Both parties will have to
mutually agree to end the rental agreement with a surrender of tenancy.
Do you want to learn MORE practical
must-know facts on
ending your tenancy?
Return from
this Notice to Quit for Tenants page to our How to Break a Lease guide
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