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Nov 18 2012

What is the purpose of the Notice to Quit?

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The purpose of the Notice to Quit is to terminate the tenancy. Thus, if a lease by its own terms is terminated, no further notice to quit is needed. But if notice is required, and in most cases it is mandated, then the notice to quit must be given to the tenant. Indeed, the essence of giving the notice to quit is not service, but that the other party shall have notice. Unlike the Summary Process Summons and Complaint form which has to be served by a Constable or Sheriff, there is no one designated way of giving the notice to the tenant. If the tenant gets the notice in any way, then that is sufficient. On the other hand, if the landlord sends the notice by registered or certified mail, and the tenant refuses to pick it up, the tenant does not have notice. If a Constable or Sheriff serves the notice by last and usual, and the tenant denies receiving the notice, if the judge believes that testimony, then the tenant does not have notice. A landlord can give the notice directly to the tenant in hand, but it is always advisable to have a disinterested person witness this event.

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