notice to quit

Notice to quit is generally necessary where the relation of landlord and tenant exists, and no definite period is fixed for the termination of the estate, but where a lease is to expire at a certain time, a notice to quit is not necessary in order to recover in ejectment, because to hold over would be wrong after the duration of the estate was fixed and well known to lessor and lessee.

A request by a landlord to his tenant to quit the leased premises, and give possession thereof to the landlord at a time therein mentioned. 3 Wend. (N. Y.) 357; 7 Halst. (N. J.) 99.

A request from a landlord and tenant subsists, difficulties can landlord to his tenant to quit the premises seldom occur as to the party upon whom leased, and to give possession of the same the notice should be served. It should inmay have been underlet or the whole of the premises may have been assigned; Ad. Kj. 119; 5 B. & T. 330; G B. & C. 41; unless, perhaps, the lessor has recognized the subtenant as his tenant;.Tackson v. Baker, 10 Johns. (N. Y.) 270. When the premises are in possession of two or more as joint tenants or tenants in common, the notice should lie to all. A notice addressed to all and served upon one only will, however, be a good notice; Ad. Kj. 123. The delivery of a notice to quit to the wife of a tenant, she being in possession of the premises, is a good service upon the husband; Bell v. Bruhn, 30 111. App. 300. As to the mode of nerving the notice. The person about serving the notice should make two copies of it, both signed by the proper person, then procure one or more respectable persons for witnesses, to whom he should show the copies, who, upon comparing them and finding them alike, are to go with the person who is to serve the notice. The person serving the notice then, in their presence, should deliver one of these copies to the tenant personally, or to one of his family, at his usual place of abode, although the same be not upon the demised premises; 2 I'hill. Ev. IN.'S; or serve it upon the person in possession; and where the tenant is not in possession, a copy may be served on him, if lie can be found, and another on the person in possession. The witnesses should then, for the sake of security, sign their names on the back of the copy of the notice retained, or otherwise mark it so as to identify it; and they should also state the manner in which the notice was served. In the case of a joint demise to two defendants, of whom one alone resided upon the premises, proof of the service of the notice upon him has been held to he suilicient ground for the jury to presume that the notice so served upon the premises has reached the other who resided in another place; 7 East 553; 5 Esp. 19G. In ejectment the defence of adverse possession is inconsistent with a tenancy, and exempts the plaintiff from the necessity of proving a notice to quit; Wolf v. Holton, 92 Midi. 13G, 52 N. W. 459; Mc- Ginnis v. Fernandes, 120 111. 228, 19 N. E. 44; Simpson v. Applegate, 75 Cal. 342, 17 Pac. 237. At what time it must he served. At common law it must be given six calendar months before the expiration of the lease; 1 Term 159; Nichols v. Williams, 8 Cow. (N. Y.) 13; Ilanchet v. Whitney, 1 Vt. 311; Den v. Mc Intosh, 20 N. C. 291, 42 Am. Dec. 122; Rising v. Stannard, 17 Mass. 287; see Logan v. Ilorron, 8 S. & It. (Pa.) 159; Godard’s Ex’rs v. R. Co., 2 Rich. (S. C.) 340; and three months is the common time under statutory regulations; and where the letting 3G2; Howard v. Merriam, 5 Cush. (Mass.) 503; Anderson v. Prindle, 23 Wend. (N. Y.) 010. “ Where a tenant under a lease for a term assents to the termination of his lease and continues to hold from day to day under a new arrangement, he is not entitled to a month’s notice to quit; Lane v. Rulil, 94 Mich. 474, 54 N. W. 175; a tenant or subtenant holding over is not entitled to notice to quit; Frank v. Taubinan, 31 111. App. 592. Difficulties sometimes arise as to the period of the commencement of the tenancy; and when a regular notice to quit on any particular day is given, and the time when the term began is unknown, the effect of such notice, as to its being evidence or not of the commencement of the tenancy, will depend upon the particular circumstances of its delivery; if the tenant, having been applied to by his landlord respecting the time of the commencement of the tenancy, has informed him it began on a certain day, and in consequence of such information a notice to quit on that day is given at a subsequent period, the tenant is concluded by his act, and will not he permitted to prove that in point of fact the tenancy has a different commencement; nor is it material whether the information be the result of design or ignorance, as the landlord is in both instances equally led into error; Ad. Ej. 141; 2 Esp. 035; 2 Pliill. Ev. 180. In like manner, if the tenant at the time of delivery of the notice assent to tlio terms of it, it will waive any irregularity as to the period of its expiration; but such assent must he strictly proved; 4 Term 301. Wh on the landlord is ignorant of the time when the term commenced, a notice to quit may he given not specifying any particular day, but ordering the tenant in general terms to quit and deliver up the possession of the premises at the end of the current year of his tenancy thereof, which shall expire next after the end of three months from the date of the notice. See 2 Esp. 589. Whore a notice to quit is necessary, the day named therein must be the day of, or corresponding to the day of, the conclusion of the tenancy; Finkelstcin v. Ilerson, 55 N. J. L. 217, 26 Atl. 088. What will amount to a uaiver of the notice. The acceptance of rout accruing subsequently to the expiration of the notice is the most usual means by which a waiver of it may be produced; but the acceptance of such rent is open to explanation; and it is the province of the jury to decide with what views and under what circumstances the rent is paid and received; Ad. Ej. 139; 2 Campb. 387. If the money be taken with an express declaration that the notice Is not thereby intended to he waived, or accompanied by other circumstances which may induce an opinion that the landlord ance; the rent must be paid and received as rent, or the notice will remain in force; Cowp. 213. The notice may also be waived by other acts of the landlord; but they are generally open to explanation, and the particular act will or will not be a waiver of the notice, according to the circumstances which attend it; 2 East 230; 1 Term 53. It has been held that a notice to quit at the end of a certain year is not waived by the landlord’s permitting the tenaut to remain in possession an entire year after the expiration of the notice, notwithstanding the tenant held by an improving lease, — that is, to clear and fence the land and pay the taxes; 1 Finn. 333. In cases, however, where the act of the landlord cannot bo qualified, but must of necessity be taken as a confirmation of the tenancy, as if he distrain for rent accruing after the expiration of the notice, or recover in an action for use and occupation, the notice of course will ho waived; Ad. Ej. 141; 1 II. Ida. 311; Prindlc v. Anderson, 10 Wend. (N. Y.) 301. A tenant becomes a trespasser at the expiration of the time specified in a due notice to quit; amf the landlord has a right during the tenant’s absence to re-enter and take possession, and eject the tenant’s goods and to keep the possession so obtained; Freeman v. Wilson, Id K. I. 524, 17 Atl. 021. A tenant at will, after a notice to quit, has a reasonable time in which to vacate the premises; Amsden v. Blaisdell, (10 Vt. 380, 15 Atl. 332. 8ee Landlord and Tenant; Lease.

A written notice given by a landlord to his tenant, stating that the former desires to repossess himself of the demised premises, and that the latter is required to quit and remove from the same at a time designated, either at the expiration of the term, if the tenant is in under a lease, or immediately, if the tenancy is at will or by sufferance. The term is also sometimes applied to a written notice given by the tenant to the landlord, to the effect that he intends to quit the demised premises and deliver possession of the same on a day named. Gamer v. Hannah, 6 Duer (N. Y.) 270; Oakes v. Munroe, 8 Cash. (Mass.) 287.

Defined under Notice in Black's Law Dictionary.

A written notice given by a landlord to his tenant, stating that the former desires to repossess himself of the demised premises, and that the latter is required to quit and remove from the same at a time designated, either at the expiration of the term, if the tenant is in under a lease, or immediately, if the tenancy is at will or by sufferance. The term is also sometimes applied to a written notice given by the tenant to the landlord, to the effect that he intends to quit the demised premises and deliver possession of the same on a day named,