What's the difference between an eviction notice, notice to vacate, and notice to quit?

Any notice directing a resident to leave a property is considered to be an “eviction notice”. Both a “notice to vacate” and a “notice to quit” are types of eviction notices that seek the same basic goal: to formally notify someone that they must leave the property. Some of the most common reasons for issuing an eviction notice are the termination or violation of a lease, mortgage foreclosure, or rent delinquency. Whether it be a notice to quit or a notice to vacate, all eviction notices must comply with applicable state laws in order to have any legal effect.

How is a notice to quit served?

There are two main ways to serve a notice to quit: certified mail or using a professional process server. However, it is important to know your local rules, as they may vary depending on your city or state.Certified Mail The most effective way to serve an eviction notice is to send the notice via certified mail with a return receipt. After this is done, the eviction notice is also posted conspicuously on the property, such as on the front door or garage.Use of a Process Server A process server or professional service company will actually serve the tenants with the notice. The problem with this procedure is that if the tenant knows that they are behind on rent, then they may not be easy to find.Other Common Methods Depending on your local rules, the landlord may also be able to serve the notice via the following methods: Posting the notice at the premises Personal delivery to each tenant Personal delivery to one tenant Personal delivery to a non-tenant

What is a notice for termination WITHOUT cause?

A notice for termination without cause is used by landlords to end a tenancy where the tenant has not done anything wrong. These types of eviction notices are frequently used by landlords who wish to raise the rent and need to remove the tenant in order to do so. A 30-day notice to quit is usually used to end the tenancy of month-to-month rentals or a lease agreement that has been in existence for less than one year. A 60-day eviction notice is most frequently used to end a lease agreement that has been in existence for at least one year.

What is a notice for termination WITH cause?

Landlords use a notice for termination with cause to rectify a tenant’s failure to comply with obligations found within a lease agreement. A landlord should always be familiar with their local and state laws as the rules for serving an eviction notice can vary greatly. Common causes are: failure to pay rent, damaging the property, or violating one or more terms of the lease agreement. Depending on applicable laws, a 3-day notice to quit may be used when a tenant has failed to pay rent and the landlord wants to remedy this situation as quickly as possible.

Notice to Quit Template | Tenant Notice to Vacate

What is a notice to quit

A notice to quit is used to notify tenants that they are being evicted or might be evicted if immediate action is not taken.

When to use a notice to quit

Late payment or non-payment of rent.
The tenant has violated the terms of the lease agreement.
You want to formally notify your tenant that they must resolve a lease violation within a certain amount of time or else they will be evicted from the property.
Your tenant has remained on the property after the lease term has ended or after you notified them that you are ending their tenancy.

Create a notice to quit in your state

Complete a notice to quit in three easy steps

1. Determine the Grounds for Eviction

Most states require you to provide reasons for evicting your tenant, such as nonpayment of rent or violation of the terms of the lease.
2. Complete Our Notice to Quit Form

Provide detailed information about the rental property, including the full address, the name of the tenant, and the date that the lease was signed.
3. Send the Notice to Quit to the Tenant

The service of a notice to quit officially commences the legal eviction process. Depending on your jurisdiction, you may be able to send the notice to quit by delivering it personally to the tenant, posting it to the tenant’s door, or delivering it by certified mail.

What kinds of notices are there?

There are three main types of notices to quit. Note that while these notice periods differ slightly from state to state, they generally follow these three examples:

A 3-day notice to quit is often used to terminate a tenancy when the tenant has failed to pay rent, violated provisions of the rental agreement, is utilizing the property for an illegal purpose, has caused damage to the property, or has created a nuisance.
A 30-day notice to quit may be required to terminate a tenancy of a residential property that has been in duration for less than one year.
A 60-day notice to quit may be required to terminate a tenancy of a residential property that has been in duration for more than one year.

Additionally, certain circumstances require specialized notices to quit. For example, if a tenant's rent is subsidized, then a longer notice to quit must be given. As state and city laws vary, it is important to understand the laws in your area.

Create a Notice to Quit

Elements of a notice to quit document

Reason for eviction: LegalNature’s notice to quit form builder will guide you through selecting the appropriate reason for eviction and include the appropriate notice period options

Notice period: Landlords must adhere to state-mandated minimum notice periods

Tenant Response Timeline: clearly state the time allowed for tenant to: a) Remedy any violation (if applicable), or b) Vacate the property

Serving the notice: Each state has different rules that landlords are required to know and follow. LegalNature’s form includes a Proof of Service page that helps landlords prove that their notice was properly served. While optional in many states, we recommend that landlords always use it.

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What is a notice to quit

When to use a notice to quit

Create a notice to quit in your state

Complete a notice to quit in three easy steps

1. Determine the Grounds for Eviction

2. Complete Our Notice to Quit Form

3. Send the Notice to Quit to the Tenant

What kinds of notices are there?

Elements of a notice to quit document

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