![]() What if the Tenant Neither Pays Nor Quits? We recommend you just pick one notice, serve it properly, and stand behind it. Attorneys familiar with different courts can advise you about your specific jurisdiction. Or if the judge thinks you were trying to deceive the tenant out of their right to proper notice, the judge might decide to disallow both notices. The judge might decide to disallow the 14-day notice and go with 30 days. The same goes if you issue a 14-day and a 30-day. Well, the tenant might have seen both and can ask to have the later one reset the clock. Suppose you issue one 30-day notice that you think was ignored, so you issue a second one. If you issue multiple notices to quit, the judge will have to determine which set of case law they want to follow. Depending on the type of business you operate, anywhere from zero to 100 percent will cure. Be nice when you give notice because they might cure. You cannot refuse the money because the tenant has the right to cure. ![]() If the tenant pays you fully after you issue their first notice to quit, and it was notice for nonpayment, you’re both back in business together. What if the Tenant Pays but You Still Want Them Out? For CARES Act properties and all other reasons, you must give what’s called the “30-day notice.” Really it’s 30 days or “one full rental period.” This has implications for the month of February: you have to give notice before January 28 if you want the tenant out by March 1. You can use a 14-day notice for non-payment of rent, unless your property is covered under the CARES Act. Please note: courts have tended not to grant 7-day notice except in cases of illegal firearms, illegal use of firearms, or drugs. If your lease doesn’t say anything about the notice periods, you should have used our lease! Contact an attorney. You must indicate which specific part of the lease has been breached. The MassLandlords lease and others that follow common conventions call for a 7-day. To evict for cause, you cannot use the 14-day notice. If you are unsure whether your property is covered by the CARES Act, serve a 30-day notice and/or consult with an attorney. If your lease specifies a longer period, you must use the longer period specified. Don’t use less than the minimum required notice for non-payment. Since the pandemic, all properties covered under the CARES Act now must serve a 30-day notice for nonpayment, even though Massachusetts law would still only specify 14 days. This was the shortest legal notice for nonpayment, even if your lease specifies a shorter period. To evict for non-payment of rent prior to COVID, you could have used a 14-day notice to quit. When dealing with a lease, you have two choices: evict for non-payment or evict for any other reason (“cause”). If you don’t have a written agreement, you have a “tenant at sufferance” and should get an attorney (the rules may be simpler in some ways but they’re less commonly practiced). See our page on rental agreements for more information. Tenancy-at-will is also known as “month to month”. If, after reading the boxes above, you decide to serve an NTQ, which form you use depends on whether you have a lease or a tenancy-at-will. Types of Formsĭownloadable forms are available at the bottom of this page. Take the time to read this brochure, take advantage of services, or call an attorney before you give out a notice. The following weekday, a copy must be sent by certified mail and another by regular mail.When you decide to start eviction by giving a tenant notice to quit, you enter a minefield of delays and surprise costs. If failed both times, the person serving may affix a copy to the tenant’s door. Conspicuous Service – Delivery must be tried at least two times during the course of one day.The following weekday, the landlord must mail a copy by certified/registered mail and another copy by regular mail to the tenant. Substituted Service – If the actual tenant is not available for service, give the notice to someone who works or lives on the property.Personal Delivery – Notice delivered personally to the tenant.There are 3 ways which are accepted as proper delivery of the notice in New York State: When is Rent due? – The tenant must pay rent on the date specified within their rental contract. Once the notice has been created, it may be served on the tenant to allow them the fourteen (14) day period to vacate the premises or pay the amount due. New York landlords are advised to use the online system to start the process ( Inside New York City | Outside New York City) which gives them access to the most up-to-date forms for filing and serving the tenant. The New York fourteen (14) day notice to quit for the nonpayment of rent is a letter that informs a tenant that they must either pay an overdue amount or vacate within fourteen (14) days.
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