Legal Definition of Notice to Quit

A request from a landlord to his tenant, to quit the premises lessed, and to give possession of the same to him, the landlord, at a time therein mentioned.6 min read

NOTICE TO QUIT

A request from a landlord to his tenant, to quit the premises lessed, and to give possession of the same to him, the landlord, at a time therein mentioned.

It will be proper to consider,

1. The form of the notice.

2. By whom it is to be given.

3. To whom.

4. The mode of serving it.

5. At what time it must be served.

6. What will amount to a waiver of it.

The Form of the Notice

The notice or demand of possession should contain a request from the landlord to the tenant or person in possession to, quit the premises which he holds from the landlord, (which premises ought to be particularly described, as being situate in the street an city or place, or township and county,) and to deliver them to him on or before a day certain, generally, when the lease is for a year, the same day of the year on which the lease commences. But where there is some doubt as to the time when the lease is to expire, it is proper to add, " or at the expiration of the current year of your tenancy." It should be dated, signed by the landlord himself, or by some person in his name, who has been authorized him, and directed to the tenant.

The notice must include all the premises under the same demise;, for the landlord cannot determine the tenancy as to part of the premises demised and continue it as to the residue. For the purpose of bringing an ejectment, it is not necessary that the notice should be in writing, except when required to be so under an express agreement between the parties. But it is the general and safest practice to give written notices, and it is a precaution which should always, when possible, be observed, as it prevents mistakes, and renders the evidence certain and correct. Care should be taken that the words of a notice be clear and decisive, without ambiguity, or giving an alternative to the tenant, for if it is really ambiguous or optional, it will be invalid.