Lease agreements are expected to end on its agreed termination date. However, there are cases where the landlord chooses to terminate the arrangement earlier than expected because of the tenant’s violations. To evict the tenant properly, the landlord must issue a notice to quit that serves as a heads-up for the tenant. Surprisingly, most landlords make the mistake of not sending this notice to their tenant, making it difficult for them to evict the tenant at will. If you are currently dealing with a problematic tenant, make sure to have a copy of this notice to quit and fill it up accordingly. Continue reading this article to know more about this notice’s role and significance. Read More
A notice to quit form is the document that the landlord sends to the tenant in the attempt to settle and fix the tenant’s violation. It contains the fundamental details of the lease agreement, including its signing and termination date. The property’s complete address is also in the document. Moreover, the most crucial piece of information in the notice is the nature of the violation. A notice to quit form documents the decision of the landlord regarding the ideal resolution for the tenant: if the tenant chooses not to comply, the notice also contains the number of days until the landlord decides to cut the contract and evict the tenant from the property legally.
As you might think, notices are relatively easy to create. It requires fundamental details that are easily seen in the lease agreement. However, creating a notice to quit form can be quite tricky, especially when it comes to documenting the nature of the violation or illegal activity of the tenant. If this will be your first time writing a notice to quit or need a refresher, here are a few steps with tips that will help you create the document.
Notice to quit forms are specifically for tenants who signed a lease agreement. Those who signed month-to-month arrangements receive another variety of the notice. If you have plans of evicting the tenant, review the signed lease agreement first. By reviewing the contract, you can gather the following details: execution date of the lease, the supposed termination date of the arrangement, complete address of the property, the stipulation that the tenant breached and its consequences, and the number of days when you must give the notice to the tenant.
You can evict the tenant from the property because of several acceptable reasons. These reasons include non-payment, repeated violations of the agreement’s stipulations, and committing illegal activities within the rented premises. Whatever the reason may be, you must be able to describe the offense in a concise yet complete manner. As much as possible, do not miss any detail. Include the nature of the act and the number of times the tenant committed it. You must also remain objective in identifying these faults.
The most common default of the tenant that may result in their eviction is non-payment. For most landlords, demanding payment from the tenant can be quite a hassle, but it needs to be done. In this notice, you must indicate the payable amount together with a clarification of why it amounted to the total. The clarification comes in identifying the starting month when the tenant did not pay. With this detail present, the tenant can easily calculate by multiplying the number of months and monthly rent. Also, together with this calculation, the landlord must be persistent that if the tenant ignores the notice, they will be evicted from the property.
The latter part of the notice must inform the tenant of what will happen if they will ignore the message. You can also specify the possible legal proceedings that you are willing to undertake, such as filing a case in court to demand the remaining payment. You can also indicate possible civil measures if the tenant committed criminal activities within the premises.
Time is a crucial factor when it comes to sending notices. Some have limited timeframes until it lapses for the consequences to take effect. So, it is the responsibility of the landlord to ensure that the tenant receives the notice on time. You can send it personally, or you can ask someone to send it to you. The main goal is that the tenant must receive and respond to the notice.
You cannot consider a notice to quit as part of your public record. It means that receiving and acting out the directives of the notice will not be recorded publicly. However, inaction or failure to follow the instructions of the notice can result in a lawsuit. Thus, the files and documentation of the lawsuit become part of your public record.
There are two measures to cancel the effects of a notice to quit legally. First, the landlord who signed the document can cancel the form under their discretion. The second measure that can cancel the notice is the court. The court can cancel the notice to quit if the reasons for filing it do not comply with the law.
The notice expires once it lapses the prescribed number of days that the tenant should comply. Once the notice expires, the landlord terminates the agreement. Thus, the tenant becomes a trespasser on the property. The landlord can also partake in additional legal action to address the situation.
The right time to send a notice to quit to your tenant depends on their violation. Some violations require a notice to be sent 14 days or 30 days before the actual eviction date. You usually see this premise stipulated in the signed lease agreement.
The most common reasons for sending a notice to quit is the tenant’s default of non-payment, committing illegal activities within the premises, and multiple breaches of the agreement’s stipulations. These violations may be the following: creating too much noise, violating the no pets policy or not following its restrictions, making the unit inhabitable, and allowing other people to live in the unit without the landlord’s consent.
Landlords have to deal with different kinds of tenants, and they must be well equipped with documents that are necessary for the lease from start to finish. The role of notice to quit forms prove that it should not be taken lightly. If you have trouble dealing with some of your tenants, make sure to have a copy of this notice to avoid taking legal proceedings. You can use ready-made forms to lessen the hassle of creating one from scratch.