Q:

What is a notice to vacate?

A:

Quick Answer

According to the Attorney General of Maryland, a notice to vacate is a written notice given by the landlord of a property stating that the tenant has a specific amount of time to vacate the premises. Notices to vacate are given prior to a lease ending or when a landlord starts an eviction process for non-payment of rent or breach of lease by the tenant or tenants.

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Full Answer

According to the Eller Law Firm in Washington, landlords who wish to evict tenants for non-payment of rent must issue a three-day notice to pay rent or vacate the premises. Three-day notices are often referred to as "pay rent or quit" notices. The notice must be served properly and the tenant must be allowed to stay on as a renter if he pays the rent within the allotted amount of time.

For those living in Massachusetts, MassLegalHelp.org explains that landlords must serve a notice to vacate prior to starting eviction proceedings. Thirty-day notices to quit or vacate are required in the event of a rental increase or the expiration of a lease. If a tenant has the option to renew his lease prior to the expiration date and fails to do so, the landlord has the right to start eviction proceedings the day after the lease ends.

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Related Questions

  • Q:

    What happens when a landlord issues a three-day notice?

    A:

    A tenant who receives a three-day notice to pay or vacate the property from a landlord is obligated to either pay the rent owed within three days or face eviction. The matter is settled when the tenant pays. Alternatively, the tenant may choose not to pay rent and move out after getting the notice. In this situation, the landlord may apply the tenant's security deposit toward any rent money due.

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    What should you include in an eviction letter to a tenant?

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    An eviction letter to a tenant should include the name and address of both the landlord and the tenant, what the tenant did to violate the lease and the steps the tenant must take to avoid eviction. Other requirements vary, depending on the state where the rental property is located.

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    What are the tenant's rights during an eviction?

    A:

    To evict a tenant, the landlord must serve a written notice to pay or vacate and then a notice to vacate or comply with the terms of the lease or rental agreement, according to the Tenants Union of Washington State. A landlord must then file a lawsuit to evict.

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    What rights do apartment tenants have to the apartment?

    A:

    When a landlord takes legal action against a tenant for failure to pay rent, the tenant has the right to proper notice of the proceedings against him and the opportunity to make up the back rent, according to FindLaw. The tenant also has the right to appeal.

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