March 1, 2009

WORD: Notice to Quit, Tenant at Sufference, and Unlawful Detainer

The WORDS for Today:

Notice to Quit—this is a notice given by the owner of a property (usually a landlord) to demand that a tenant leave without a specific period of time in order to avoid FORCEFUL EVICTION. The guidelines for such a notice vary from state to state.

A notice by a landlord to a tenant to vacate rented property. Usually the giving of “notice to quit” for nonpayment of renters allows the tenant less time to vacate than if the notice is due to
some other occurrence. A landlord may utilize such a notice for failure to pay rent or other violations of the terms of the lease agreement.

Tenant at Sufferance—refers to someone who has legal possession of the property but refuses to leave (also called HOLDS OVER) after the termination of the authorized time frame. The use of a FORCEFUL EVICTION may be necessary to gain possession from a tenant at sufferance. Such an individual obviously did not learn the meaning of “don’t wear out your welcome.”

Unlawful Detainer—the unjustifiable possession of property by a person who has entered the property lawfully but whose right to possession has terminated. This situation is most common with a tenant who fails to vacate at the end of the agreed term. Legal action culminating in a FORCEFUL EVICTION is recommended rather than the landlord compounding the situation by engaging in an illegal or self-help eviction.

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You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

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