3 Important Information That Must Be Contained In A Notice To Quit
3 Important Information That Must Be Contained In A Notice To Quit
Notice to quit is an official letter written by a property owner (landlord) to the tenant stating that he/she should adhere to the tenancy agreement or move out from the property. In some cases, the eviction notice may be conditional or unconditional. In cases where it is conditional, the notice is as a result of a breach in the agreement which can be resolved if the tenant complies before the set date. However, when a notice is issued without condition, the tenant is mandated to leave before the set date as he/she can do nothing to avoid the eviction.
According to Lawpadi, In order for a notice to quit to be valid, It must be formal and in accordance with the State Government’s Tenancy Law. Any mistake documented in a notice to quit can elongate the eviction process, as well as give your tenant an edge over you.
This article provides you the important information that must be contained in a Notice to Quit.
The Exact Name and Address of the Tenant Contained in the Tenancy Agreement
The notice to quit must be addressed to the individual whose name is written on the tenancy agreement. It is therefore important to have a copy of tenancy documents. In addition to the name on the tenancy agreement, the address of the property must also be included. Also, the landlord, or a representative of the landlord, must sign and date this notice. These informations confirm that the notice to quit is valid.
The Specific Time of Eviction
The time period given to the tenant to vacate the property should also be stated clearly. However, the time of eviction differs from state to state. In Lagos State for instance, the following statute according to tenancy law will apply:
i. A one-year (or above) tenancy will require at least a notice of 6 months
iii.A one-week tenancy will require a minimum notice of one week
iv. Tenancy at will, require a minimum of one week
The Reasons For the Eviction
The landlord cannot issue the notice of eviction just because he wants to but only if he has a valid and legal reason. As a landlord, it is important to understand the conditions when you need to serve a notice to quit to your tenant. Before you can serve a notice to quit your reasons have to be clear and understandable. There are times when the notice to quit is avoidable especially when the disagreement can be resolved between them. However, there are other cases where the property is being out completely or will no longer be used for residential purposes, the tenant is expected to move out. Some of the common grounds to issue notice to quit include:
i. Failure of the tenant to pay rent (not at agreed time or not all): Notice to quit can be issued if the tenant neither pays the rent nor vacates the rented property.
ii. Tenant causing damage to the property: The landlord can ask the tenant to evict the property, if he by any means causes any damage to the property of the landlord.
iii.Causing health or safety hazards on the property of the lessor: The tenant must take proper care while doing anything on the rented property and if does something that may cause harm to the health or safety of the landlord or other tenants, he can be asked to vacate the place.
iv. Violation of the terms of the rental or the lease agreement by the tenant.
v. Tenant uses the land for unlawful purposes: The tenant can be asked to leave the property if he uses it for some illegal purposes or purposes not mentioned in the agreement.
vi. If there is some urgent need of property by the owner: If the owner needs the property for his personal use or any of his family member needs it urgently, notice to quit can be issued.
Howbeit, the reason to quit is expected to be stated clearly in the notice to quit.
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