This is probably the most-often made mistake that Landlords make. Unfortunately, there are a myriad of ways a Landlord can mess this one up, and it’s usually after this happens that I get calls from Landlords. I always suggest that you at least speak with a competent landlord tenant attorney before beginning the process of terminating a tenancy.
If there’s only one thing you take away from this post it should be this: The only goal that Landlords must have in bringing forth a Summary Process Action is to prove to the Court that the tenancy was terminated properly. If there is anything wrong with the Notice to Quit or the Summary process Summons and Complaint, the Court may dismiss the action.. even AFTER judgment enters in the landlord’s favor!
Here are some comon ways the Landlords muck up the Notice to Quit:
1-Sending a 30-Day Notice instead of a 14 and vice versa.
2-Incorrectly listing the tenant’s address.
3-Not providing a cure provision (which allows the tenant to pay back due rent within a certain time period). This is probably the most often made mistake and the one that I actually get calls from other attorneys on.
4-Incorrectly indicating who the Landlord is.
5-Not Signing the Notice to Quit.
6-Not Serving the Notice to Quit properly (via certified mail or constable)
I could list many more. The point is this: Take the time to call an attorney before you begin the eviction process. They’ll charge you little or nothing to prepare the notice for you. Also, you’ll sleep better knowing you haven’t inadvertently made a mistake that could force you to start from scratch.