A 60 day notice to quit can be used to terminate tenancy for both a tenant at will and a tenant under lease. For a tenant at will it is your right as a landlord to terminate the tenancy at any time. This frequently takes place when the landlord may want the property back for personal use. A tenant under lease must have violated a term of the lease to initiate the eviction process. This reason must be written in the 60 day notice to quit served upon your tenant.
The 60 day notice to quit must give your tenant either a minimum of 60 days or two full rental cycles, whichever is GREATER. This notice must terminate their tenancy on a day in which rent is due. So for example, if rent was due on the 1st of every month and you requested service on June 6, the notice would terminate tenancy September 1. In this case July and August would be your two full rental cycles since you are already into the month of June.
The type of tenancy you have, and the language contained in your lease, will determine the specific language needed in your 60 day notice to quit.
The 60 day notice to quit will also need to include; Landlord’s name(s), address, and contact information as well as the tenant’s name(s), address, and reason for eviction (for a tenant under lease).
Once the notice is drawn up one of our Constables will effectuate service upon your tenant. SCCO makes every effort to serve your tenant in-hand. If the tenant is not served in-hand then a copy is left at the last and usual place of residence in addition to a copy also being mailed First Class.
After service is completed our office will complete a Return of Service that will state the date, time, and manner (in-hand, last and usual) in which the tenant was served. This return of service is typically completed on the back of the notice served, then mailed to the landlord to keep for their records. DO NOT LOSE THIS; YOU WILL NEED THIS NOTICE, WITH THE PROOF OF SERVICE, IF YOU HAVE TO MOVE TO THE NEXT STEP IN THE EVICTION PROCESS.
Please check your lease for specific language and notice requirements as all leases are not the same.