Notice to Quit - Why is it important?

Published: May 26th, 2017

The Notice to Quit is a type of eviction notice form used by landlords, property managers, and property management companies to notify tenants that they must either comply with an order, or quit and give up possession of the rental property within a certain period of time. Notice to Quit forms are commonly used to inform the tenant of nonpayment of rent, lease termination, and health hazard or injury to the property.

You can use the notice to quit form to end your Residential Lease if the tenant has failed to pay rent. The Notice to Quit Form should not be confused with the "Writ of Possession" (read more about eviction notice) which is issued by the courts. The Notice to Quit Form is the beginning of the eviction process, and it communicates the intention to initiate eviction proceedings if a tenant does not comply with an order and remains on the premises beyond the specified date. If the tenant does not comply with the notice (for example they must pay rent or quit the lease and vacate the premises), you may be forced to take legal action to have the tenant removed from the property. If the notice has been ignored by the tenant and the move out date in the notice has passed, you have grounds to bring forth a lawsuit for "unlawful detainer", in which case the tenant has the option to fight the eviction in court.

  • Serving a Notice to Quit is one of the first steps property management companies can take to regain possession of rental property from the tenant.
  • Notice to Quit notifies tenants they have violated the terms of the lease agreement and must vacate the premises within a certain period of time if they cannot comply with the remedy order

Notice to Quit - When should it be used?

Before the eviction process, when a landlord or property manager in wants a tenant to either comply with an order or vacate the rental property if they cannot comply, they will use the Notice to Quit Form to inform tenants they must remedy the problem within a short period of time (often 3-7 days), or leave the premises (quit) by a certain date (usually 30 days).

  • Notice to Quit can be used when a tenant in hasn’t paid the rent.
  • Notice to Quit can be used when a tenant causes damage or injury to the property.

Notice to Quit can be used when a tenant in hasn't left the rental property after the lease has expired or if the tenant doesn't have a written Lease Contract.

Notice to Quit - What should be included?

The Notice to Quit Form must contain the reason for serving the Notice to Quit and the amount of time the tenant has. The problem must be clearly stated on the notice, so the tenant has reasonable awareness and can either correct the issue, or vacate the rental property. Here are some of the basic details that should be included if the rental property is:

  • Name of Tenant and Other Persons who need to comply with the order or vacate the property
  • Address of the Rental Property
  • Reason for ending the Rental Agreement
  • Number of days the Tenant has to correct the issue
  • Date for Tenant to vacate the Rental Property if the problem cannot be resolved
  • Date that Notice to Quit is served
  • Signature of person serving Notice to Quit

Notice to Quit - What should I do with it?

The Notice to Quit Form must be "served" to the tenant by either Personal Service or Mail Service. However, it is usually better for you to have an independent party take two copies of the Notice to Quit to the rental property, give one to the tenant in person, and get their signature on second copy so that you can retain for your records.

Notice to Quit - What else should I know?

There are generally three types of Notice to Quit Forms. The Notice to Quit for Nonpayment of Rent can be used when rent is not paid, and the tenant may be given a short period to either pay up or move out. The Notice to Quit Form for Termination of Tenancy is similar to the Notice to Vacate Form and can be used to inform the tenant to leave after the lease is up (common with month to month leases), or if there is no lease and you just want the tenant to leave. It is different from the Lease Termination Form, which terminates the Lease Agreement when there are other breaches in contract. The Notice to Quit Form for Health Hazard and Physical Injury should be used if the tenant creates a health hazard or physical injury to the property which is serious or continuing. These forms must be detailed and specific, because an inaccurate or incomplete statement of the problems could cause a later eviction complaint to be dismissed.