What is a Notice to Quit?

A notice to quit is a document that landlords use to announce the termination of tenancy. Through it, the tenant will know that the landlord wants them to leave the property and end the tenant agreement. If you compare a notice to quit vs eviction, you can see that it is a lot better. For example, a 30-day notice to quit can give a tenant ample time to move to another place. Maybe you are wondering what happens after a notice to quit. Usually, the tenant has sufficient time to move to another property after the notice to quit. But if they refuse to leave the property, the landlord will give an eviction notice or will even do forced eviction.

A notice to quit by the landlord is something that can give you the freedom to leave the property. But what makes a notice to quit invalid? Would you like to know how to fight a notice to quit? You can learn this in this article. A notice to quit tenancy is something that a tenant will not want to happen. But to consider the consequences, you can thank the landlord for giving you enough time to leave. If you want to know more about notice to quit, you can find a notice to quit template, a sample notice to quit, or a notice to quit PDF on the internet. By having this, you can be more informed about what is included in a notice to quit. Or better yet, you can download the available templates on this post.

Benefits of a Notice to Quit

A notice to quit may be some bad news for the tenant. But come to think of it. It is better than being evicted at once. The notice to quit is being used because it has some benefits to the tenant and the landlord. The following are some of these benefits:

Getting Legal Protection: A notice to quit is a legal way to say to your tenants that you want them to leave your property. By having the notice to quit, you can be sure that you are not depriving the rights of the tenant on your property. An eviction letter can be harsher compared to a notice to quit. If you are tired of giving past due rent letters, then the best resort is to give the notice to quit to let the tenant make the final decision to leave the property. Not that the tenant will have a choice. Though tenants can make the notice to quit invalid at times, usually, the tenant has to leave after receiving a notice to quit. The only option for the tenant is to quit the lease agreement because the notice to quit is a legal letter that expects them to leave the property. Through it, landlords can have the legal protection that they are exercising the right thing in making the tenant leave their property.Having Clear Expectations: A notice to quit can give clear expectations to both the landlord and the tenant. After the notice to quit is given to the tenant, the landlord can be confident that the tenant will move to another place. It can be rare for them to even do eviction because they understand that tenants will leave freely. Landlords can get their expectations to have their property vacated so that they can use it for whatever purpose they want. They do not have to make the tenant fill out an eviction form or eviction notice form just to make the tenant leave. On the other hand, this notice can be good for tenants, too. It is better to have it rather than see their landlords make them leave at once. By having the notice to quit, they will have enough time to find another place and move. They have the clear expectation that they are about to leave the property because of the notice to quit. This way, they will know that they cannot stay on the property for long anymore. So, they can be prepared for everything that is about to happen. By having a notice to quit, both tenants and landlords will have the right expectations in their agreement.Chance for Remedy: With the notice to quit, the tenant will be given time to search for a new place. Yes, it can be a sort of a problem to receive a notice to quit. But it can prepare them to find a new place or property. It may be a problem but the notice to quit will be the reason for them to find a remedy for the problem. If they will be forced to leave the property through an eviction notice, they will be so surprised that they will not even have a day to stay anymore in the property. This will not be good whether you are renting a residential or commercial property. If you are renting a residential property, it can be a very pitiful situation for your family. If you are renting a commercial property, it will surely disrupt your business. So, by having the notice to quit, these things will not happen. Though you can be surprised by the decision of the landlord, at least you will have enough time to find a solution to your problem. Whether you have a new lease agreement or a property lease agreement, it will be better to have a notice to quit rather than getting an eviction notice.Timely Vacancy: When landlords give the notice to quit, they can have the right expectation that their property can be vacated at the right time. There can be many reasons why a landlord will want to give the notice to quit. Maybe the tenant is always not paying on time. Maybe they have a better tenant that can pay a higher rent. Maybe they want to repair the property for some time. Whatever the reason may be, the notice to quit will help them to vacate the place at the right time. The vacancy will be timely for their purpose. Nothing can hinder their objectives why they want to vacate the property. We know that it is not that simple to make a tenant leave. There can be many circumstances why a tenant will not want to leave, especially if they have nowhere to go. But by giving them the notice to quit, you can let them know your decision and they can gather their strength to find a new place for themselves or their business. If you have not made a termination of lease agreement with your tenant, the notice to quit is the best solution.Having Good Communication: Though we will end the relationship with our tenant through the notice to quit, we must be good with them. The notice to quit is a good way to end the agreement. It is a way to show them that you value your business relationship and you want to have good terms with them even if they have to go. The notice to quit is a good way to have good communication with your tenant. It is an easier way to express your wish for them to leave your property. Even if your tenants miss payments in some monthly calendar, you still have to be good to them when you are about to make them leave. Use a notice to quit to summon them gently to leave your property. When you still have a good relationship with your tenants when they leave, even if your paths will cross again someday, you can say that you can be good to them and you will be on good terms.Protection for Property: Not all tenants are good. Some may not take good care of your property. If you want to protect our property, you should ensure that you can only get good tenants. In any chance that you mistakenly get a bad tenant, you will have the best option to protect your property by having the notice to quit. The notice to quit can enable your wish to get the tenant out of your property. When you use a notice to quit, you can make the tenant leave whenever you like. You just have to be sure that you follow all the rules within your lease agreement and you will have no problem. So, this can be a good way to ensure that you can always deal with good tenants only. Finding you have made someone rent your property who is not pleasing to you, you can do something so that they can leave the property the sooner that you want. Because of this, you can have complete protection for your property.

How to Fight a Notice to Quit

When you receive the notice to quit, it will be up to you to leave the property or fight it if you think that it is unlawful. But how can you do this? The following are the things that you can do:

1. Review the Notice

When you receive a notice to quit, the first thing that you should do is review it. Examine it if it is according to the terms of your lease agreement. If you find it breaking some of the terms, then you can do something to fight it.

2. Make a Response

After a careful review of the written notice, you should make a response. You can write to the landlord or you can appeal to the court if you do not want to leave the property.

3. Seek Legal Advice

If you think that the notice to quit is invalid, you must seek legal advice. Consult a lawyer to make you know the things that you should do. The lawyer can review the notice and can give you proper advice about your rights.

4. Attend Court Hearings

First, negotiate with the landlord about your claim. If the landlord does not agree with you, you can bring the matter to court. Attend court hearings so that you can fight for your rights.

FAQs

When will the notice to quit be given?

A notice to quit is given when the tenant violates the terms of tenancy. This is also given when the landlord has a specific purpose like wanting to sell the property. Sometimes, the landlord may want to repair the property.

What are the tips for a notice to quit?

The tips for a notice to quit are to know the law, seek legal advice, give ample notice, and keep a record of the notice.

What makes a notice to quit invalid?

What makes a notice to quit invalid are lack of proper service, improper notice period, improper grounds, discrimination, and retaliation.

It can be bad to receive a notice to quit, especially if you do not want to leave the property. But you can reconsider and think that it can be a good thing rather than to have an eviction notice. All you have to do is to ensure that it follows the terms of your tenant agreement. If it does, you can do nothing but leave the property. But do not lose hope. At least, you have given enough time to find another place.