If a landlord serves you a notice to quit, is this considered a breach of the contract (lease)? :confused:

It all depends on the wording of your lease and any housing control laws in your area. We recently discused a situation where a landlord can require you to leave if he, or a family member, is going to be moving in. Why did he say you needed to leave?

Quote:

---

Originally Posted by ailama

If a landlord serves you a notice to quit, is this considered a breach of the contract (lease)? :confused:

---

Quote:

---

Originally Posted by ailama

For nonpayment of rent. I want to leave anyways.

---

You are kidding, right? If you don't pay the rent, don't you think that was a breach of contract? The landlord is just executing his rights under the lease and the law to get you out if you aren't paying.

But his evicting you (or your leaving) doesn't absolve you of the lease terms. You will still owe him for the remainder of the lease term or at least until he can rent it again. He can then sue you for that amount and he will win.

Quote:

---

Originally Posted by ailama

But if a landlord gives a notice to quit and the tenant agrees to leave and not recover the last month deposit, would that still be considered an eviction?

---

First, please don't ask followups via PM or E-mail. The value of this forum is in public discourse.

If a landlord tells you to move out because of non payment of rent, its an eviction. Whether he obtains a court ordered eviction or not, its still an eviction. If you refuse to leave, then the landlord has to go through a formal eviction process.

Unless the landlord agrees, in writing, to waive the balance due under the lease in return for you moving out, then you still owe that.

I did not realize the tenant had not paid rent. A notice to quit can be used in such a situation. It can also be used to remove a tenant who is paying rent but other reasons play into the need for removal. PM or e-mails may have provided facts the rest of us could not see. Legal Definition of Notice To Quit

Quote:

---

Originally Posted by ScottGem

First, please don't ask followups via PM or E-mail. The value of this forum is in public discourse.

If a landlord tells you to move out because of non payment of rent, its an eviction. Whether he obtains a court ordered eviction or not, its still an eviction. If you refuse to leave, then the landlord has to go thru a formal eviction process.

Unless the landlord agrees, in writing, to waive the balance due under the lease in return for you moving out, then you still owe that.

---

First, a thoousand apologies for replying via PM or email. I'm new at this.

Second, that's were it is confusing. The law states that an eviction can only be ordered by a court. So leaving after a notice to quit is not a formal eviction, right? He can only begin the eviction process if the tenant refuses to pay and/or move.:confused:

You are confusing the physical act of eviction, sitting your furniture on the side of the road, with the requirements of legal notice.

He will be required to give you notice to get out, and that way you move out without a court record of eviction. If you still refuse to move when he tells you to, he can then go to court and prove that he gave you proper notice and you refuse to honor the lawful request, then when they get the eviction, they merely come and throw you out

But yes if you want a court record that you refused to pay rent, you can just stay, and he can not phsically throw you out until he goes to court.

Wikipedia defines eviction as the removal of a tenant by an officer of the law.

So, I guess I was wrong is saying that just asking you to leave is an eviction. But really that's just getting hung up on terms. A landlord can order a tenant to vacate the premises under several conditions, but it has to be justified under the law. The tenant has the option to adhere to the order or fight it. If they choose to fight, then the landlord must follow locally mandated procedures to effect the eviction.

If the order to vacate is based on a tenant's breach of the contract, then the landlord can sue for the balance of the lease. Most courts, however, will only grant an amount up when the unit is re-rented.