When a Landlord decides to begin the process of an eviction the first formal step is to issue a written Notice to Quit. A recent case illustrates that if the Landlord does not get the notice to quit right it can result in a dismissal of the Court case. To get the Notice right the Landlord has to first make what is essentially a legal determination as to the type of tenancy he or she is trying to terminate. A Tenancy At Will Notice is different from a Tenancy At Sufferance Notice. In the case the Landlord thought the tenancy
Continue Reading
Archives for notice to quit
Landlord Serves Two Notices to Quit
By Robert Jachowicz A Landlord takes its chances if more than one ground exists to terminate a tenancy and the decision is made to issue two separate Notices to Quit concurrently. For example if a tenant is behind in the rent and also in violation of a covenant in the written tenancy agreement, the Landlord could send a Notice to Quit for nonpayment of rent and a Notice to Quit for breach of the Lease. In a recent District Court Appellate Decision the tenant in Hingham District Court lost the case, but appealed this issue to the Appellate Division. However,
Continue Reading