- Does a 30 day notice take effect from the day it was served?
Unlike a 14 day notice to quit, the 30 day notice to quit must give the tenant either 30 days or one full rental cycle, whichever is greater. So if your tenant paid his rent every month on the 1st and you had your tenant served on June 6, your tenant will have until the expiration of July 31 to vacate the apartment.
- Can I keep accepting rent from my tenant after I serve them a 30 day notice to quit?
Yes. You are not evicting your tenant due to non-payment of rent. The rent is still owed regardless of whether you are going through the eviction process. Just be sure that when you receive the rent, a receipt is given to the tenant that states, “for use and occupancy only”. You want to ensure that the acceptance of rent does not create a new tenancy.
- Do I have to state a reason in my 30 day notice to quit why I want to evict my tenant?
That depends on what type of tenancy you have with your tenant. If it is a tenant at will then you do not need to state a reason to initiate the eviction process. If it is a tenant under lease then your tenant must have violated the lease, and the lease must state that the landlord may evict for such a violation.
- Can I remove my tenants from the property once my notice to quit expires?
No. A notice to quit does not determine who has legal possession of your apartment. After your notice has expired you must move to the next step of the process, the Summary Process Summons and Complaint.
- Can I deliver my own notice to quit?
Yes. The landlord may deliver their own notice to quit. The problem can come when your tenant denies having received that notice and it comes down to your word against theirs. When SCCO effectuates service one of our sworn officers completes a return of service on the back of the notice stating the date, time, and manner in which we served the notice.