Q:

What is a notice to vacate?

A:

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.

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 is a letter of non-renewal of lease from a landlord?

    A:

    A letter of non-renewal of a lease from a landlord is an official notice to the tenant to vacate the premises at the end of the current lease term, according to the Landlord Protection Agency. The Law Offices of Heist, Weisse & Wolk, P.A. notes that a landlord does not need to stipulate a reason for terminating the lease agreement.

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  • 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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  • Q:

    How do you evict someone who doesn't pay rent?

    A:

    A landlord can evict a tenant by filing a suit called an unlawful or wrongful detainer in court, says the Law Library. The action or inaction of a landlord, such as refusing to provide heat, may constitute what is called a constructive eviction.

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    How do I evict someone when there is no lease?

    A:

    Although a landlord needs only to give a tenant 30 days' written notice to end a tenancy in most cases, some state and local governments require that landlords show cause for terminating the rental agreement, according to Nolo. A tenancy with no lease usually constitutes a month-to-month rental agreement.

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