Notice To Quit
What Is A Notice To Quit ?
The Notice to Quit is the first step (required by law) a landlord must take to regain possession of rental property. There are three types of Notices to Quit, sold at office supply stores, and at the district courts.
- DCH 100a: Nonpayment of Rent
- DCH 100b: Health Hazard/Injury to the Premises
- DCH 100c: Termination of Tenancy
Why A Notice To Quit ?
If tenants abuse property or do not pay rent, landlords are entitled to take legal action to protect their investments. A basic law is that the tenant must get notice of the problem in question, and have a reasonable chance to correct it or leave. This prevents misunderstandings from wasting court time.
If a tenant does not have a lease, she/he can be evicted for any reason. However, a landlord can not retaliate against a tenant who is trying to exercise his/her legal rights as a tenant. (M.S.A. 27 A. 5720, Retaliatory Evictions.)
When To Use A Notice To Quit
Notice to Quit may be used when:
- Rent is not paid on time.
- The tenant won't leave after the lease is up.
- There is no lease and the landlord simply wants the tenant to leave.
- The tenant creates a health hazard at, or physical injury to, the property which is serious and continuing. One time garbage spills or breakages may give a right to money damages, but are not a reason for eviction.
How To Use A Notice To Quit
The "nonpayment" and "termination of tenancy" forms are simple to fill in. Forms for "health hazard" and "physical injury" must be detailed and specific in the space for explanation, so the tenant knows exactly what to do to set things straight. A sloppy statement of the problems could cause the later eviction complaint to be dismissed. It is best to use a typewriter in all cases.
How To Serve A Notice To Quit
The original notice is "served" on the tenant in one of several ways:
- Personal Service: means giving the notice directly to the tenant.
- Mail Service: means sealing the notice in an envelope, with proper first-class postage, properly addressed to the tenant, and placing it in a proper mail box (the law presumes that the letter will reach the tenant the next day, completing service). For added insurance, take the notice to the post office and ask for a receipt of first class mail.
Length / Durtation Of A Notice To Quit
|Name of Form
||Length of Notice
|Nonpayment of rent
|Health Hazard / Injury to premises
|Termination of tenancy
||Days in rent cycle
- The law states that time is counted beginning with the day after service is made.
- A tenancy may be terminated by a landlord with a notice equal to the time between rent payments. The notice may be served at any time unless there is a written agreement stating that notice to terminate must be served on or before the date rent is due.
- If the tenant does not leave after the lease is up, or within 7 days does not correct the problem complained about, or does not leave when the notice period expires, then it is time to file a complaint and summons with the court.
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