The eviction notice to quit is one of the first steps a landlord uses to force the removal of a tenant from a rental. This notice is given to the renter prior to any lawsuit. The wording and form of the letter and the specific time parameters can vary from county to county and state to state.
The notice to quit is usually a single page document, signed by the landlord or their attorney, and delivered in a legal manner to the tenant. It states that the tenant must vacate the apartment or house by a specific date. It should also state the reason for the notice.
The notice to quit or vacate is not a legal document. The tenant can ignore it. However, if it is ignored the landlord may start court action by filing a lawsuit. Most counties require that a tenant be served before a lawsuit can be filed.
There are a variety of reasons that a landlord will want to deliver an eviction notice to quit. Failure to pay rent is the most common reason. Other reasons include excessive noise, unauthorized pets and additional residents.
Subsequent to serving a notice to quit, the parties can still avoid a lawsuit. If the dispute can be solved by the two parties, the eviction process can be halted. Prior to any lawsuit, it is not considered a court action.
Eviction notices to quit or vacate may have a variety of time limits. Three day, thirty day, and sixty day notices are common. If the landlord just wants to terminate the lease, the longer period notices are used. If the tenant has failed in paying the rent, used it for illicit purposes, or done damage to the property, then the three day notice is usually used.
Being a landlord can be a stressful position. If you have a issue with the tenant, attempt to solve it face to face. If that doesn't work, then the eviction notice to quit should be the next step. If that fails to produce the desired outcome, it's time to take it a step further and file a lawsuit for eviction with the courts.