Different Types of Notice to Quit Explained
What are the different types of notice to quit forms? Learn the important basics here - which form to use and how many days notice to give.
What is a Notice to Quit?
Definition: In the simplest terms, this notice is a written letter to terminate a lease. It can divided into two major types: eviction notices and notices to end a periodic (month to month) lease.
You're required by law to give the other party this notice in advance. This deadline can vary from 3 to 60 days depending on the type of notice and the local landlord tenant laws.
1. Pay or Quit Notice - For Non Payment of Rent
Also known as a notice to pay rent or quit, this is an eviction notice sent by landlords to tenants who are overdue with rent payments. The tenants have to pay the rent owed within the deadline specified in the notice or they will have to leave the property.
This deadline is typically 3 days in most jurisdictions but can extend up to 14 days in some areas.
To evict a tenant, the landlord has to serve the tenant this notice first. If the tenant fails to pay up by the deadline, the landlord can then proceed to file unlawful detainer against the tenant to begin the eviction process - Click here to learn how to evict a tenant.
2. Comply or Vacate Notice - For Lease Violations
Also known a notice to comply or quit OR notice to perform or quit, this is another eviction notice is sent to errant tenants who violate the terms of the lease or break the landlord tenant laws.
Common examples of lease violation: causing property damage due to abuse or negligence, subletting the property without the landlord's consent or causing disturbance to other tenants and neighbors - Click here to learn how to deal with difficult tenants.
The landlord has to give the tenant a final deadline to correct any violations before the landlord can proceed with eviction. In most cases, this deadline is 3 days but can stretch to up to 14 days for tenant-friendly states.
3. Notices to Terminate a Month to Month Lease
In addition to the eviction notices above, notice to quit forms can be also be used to terminate a periodic (i.e. month to month or week to week) lease. Either the landlord or tenant can choose to terminate a periodic lease by giving this notice to the other party in advance. The consent of the other party is not required.
Landlords wanting to end the lease should send a Notice to Vacate.
Tenants wanting to end the lease should send a Notice to Landlord.
You can click on the above links for our sample notice to quit forms. For a month to month lease, you are required to send this notice at least 30 to 60 days in advance. For a week to week lease, you have to deliver the notice at least 10 days in advance.
