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 was a tenancy at sufferance. The property was purchased at a tax foreclosure sale. The buyer at the foreclosure sale, as the new landlord, sent a Notice to Quit to the tenants who continued to live in the premises. When the case came to trial the case was dismissed. The Court found the Notice insufficient, and if the tenancy is not properly terminated by the Notice to Quit the case may not proceed and the tenant is entitled to possession.

We will help you to determine the proper Notice to send so please contact us before you start an eviction and before you send the tenant a notice to quit.