Landlord Tenant Notice to Quit Law & Legal Definition


A notice to quit is the notice often referred to as "eviction", given by a landlord to a tenant to leave the premises either by a certain date (usually 30 days) or to pay overdue rent or correct some other default ( pets, damage to premises, too many roommates, using the property for illegal purposes, etc.) within a short time. A notice to quit must contain certain information, such as: names of the persons to leave, whether their tenancy is by written or oral agreement, an amount of any financial delinquency and the period it covers, and to whom they should surrender the premises.

State statutes, which vary by states, often prescribe a minimum time in which a notice to quit must be given to the tenant. Although state laws vary, generally the notice must be served personally on the tenant or posted in a prominent place like the front door with a copy sent by certified mail. A landlord may bring an unlawful detainer action against a tenant who fails to quit the premises within the stated time period.

There are different forms of a notice to quit. Pay or quit notices require the tenant to pay the rent owed in order to remain. Cure or quit notices require the tenant to fix a lease violation that is the reason for termination of the lease. Unconditional quit notices don't offer the opportunity to fix any problems.