notice to quit

NOTICE TO QUIT. A request from a landlord to his tenant, to quit the 
premises leased, and to give possession of the same to him, the landlord, at 
a time therein mentioned. 
     2. It will be proper to consider, 1. The form of the notice. 2. By whom 
it is to be given. 3. To whom. 4. The mode of serving it. 5. At what time it 
must be served. 6. What will amount to a waiver of it. 
     3.- Sec. 1. The form of the notice. The notice or demand of possession 
should contain a request from the landlord to the tenant or person in 
possession to, quit the premises which he holds from the landlord, (which 
premises ought to be particularly described, as being situate in the street 
an city or place, or township and county,) and to deliver them to him on or 
before a day certain, generally, when the lease is for a year, the same day 
of the year on which the lease commences. But where there is some doubt as 
to the time when the lease is to expire, it is proper to add, "or at the 
expiration of the current year of your tenancy." 2 Esp. N. P. C. 589. It 
should be dated, signed by the landlord himself, or by some person in his 
name, who has been authorized him, and directed to the tenant. The notice 
must include all the premises under the same demise;, for the landlord 
cannot determine the tenancy as to part of the premises demised and continue 
it as to the residue. For the purpose of bringing an ejectment, it is not 
necessary that the notice should be in writing, except when required to be 
so under an express agreement between the parties. Com. Dig. Estate by 
Grant, G 11, n. p. But it is the general and safest practice to give written 
notices, and it is a precaution which should always, when possible, be 
observed, as it prevents mistakes, and renders the evidence certain and 
correct. Care should be taken that the words of a notice be clear and 
decisive, without ambiguity, or giving an alternative to the tenant, for if 
it be really ambiguous or optional, it will be invalid. Adams on Ej. 122. 
     4.-Sec. 2. As to the person by whom the notice is to be given. It must 
be given by the person interested in the premises, or his agent properly 
appointed. Adams on Ej. 120. As the tenant is to act upon the notice at the 
time it is given to him, it is necessary that it should be such as he may 
act upon with security, and should, therefore, be binding upon all the 
parties concerned at the time it is given. Where, therefore, several persons 
are jointly interested in the premises, they all must join in the notice, 
and if any of them be not a party at the time no subsequent ratification by 
him will be sufficient by relation to render the notice valid. 5 East, 491; 
2 Phil. Ev. 184. But if the notice be given by an agent, it is sufficient if 
his authority is afterwards recognized. 3 B. & A. 689. 
     5.-Sec. 3. As to the person to whom the notice should be given. When the

relation of landlord and tenant subsists, difficulties can seldom occur as 
to the party upon whom the notice should be served. It should invariably be 
given to the tenant, of the party serving the notice, notwithstanding a part 
may have been underlet, or the whole of the premises may have been assigned; 
Adams on Ej. 119; 2 New Rep. 330, and vide 14 East, 234; unless, perhaps, 
the lessor has recognized the sub-tenant as his tenant. l0 Johns. 270. When 
the premises are in possession of two or more as joint-tenants or tenants in 
common, the notice should be to all; a notice addressed to all, and served 
upon one only, will, however, be a good notice. Adams on Ej. 123. 
     6.-Sec. 4. As to the mode of, serving the notice. The person about 
serving the notice should make two copies of it, both signed by the proper 
person, then procure one or more respectable persons for witnesses, to whom 
he should show the copies, who, upon comparing them, and finding them alike, 
are to go with the person who is to serve the notice. The person serving the 
notice then in their presence, should deliver one of these copies to the 
tenant personally, or to one of his family, at his usual place of abode, 
although the same be not upon the demised premises; 2 Phil, Ev. 185; or 
serve it upon the person in possession; and where the tenant is not in 
possession, a copy may be served on him if he can be found, and another on 
the person in possession. The witnesses should then, for the sake of 
security, sign their names on the back of the copy of the notice retained, 
or otherwise mark it so as to identify it, and they should also state the 
manner in which the notice was served. In the case of a joint demise to two 
defendants, of whom one alone resided upon this premises, proof of the 
service of the notice upon him has been held to be sufficient ground for the 
jury to presume that the notice so served upon the premises, has reached the 
other who resided in another place. 7 East, 553; 5 Esp. N. P. C. 196, 
     7.-Sec. 5. At what time it must be served. It must be given three months

before the expiration of the lease. Difficulties sometimes arise as to the 
period of the commencement of the tenancy, and when a regular notice to quit 
on any particular day is given, and the time when the term began is unknown, 
the effect of such notice as to its being evidence or not of the 
commencement of the tenancy, will depend upon the particular circumstances 
of its delivery; if the tenant having been applied to by bis landlord 
respecting the time of the commencement of the tenancy, has informed him, it 
began on a certain clay, and in consequence of such information, a notice to 
quit on that day is given at a subsequent period, the tenant is concluded by 
his act, and will not be permitted to prove that in point of fact, the 
tenancy has a different commencement; nor is it material whether the 
information be the result of design or ignorance, as the landlord is in both 
instances equally led into error. Adams on Ej. 130; 2 Esp. N. P. C. 635; 2 
Phil. Ev. 186. In like manner if the tenant at the time of delivery of the 
notice, assent to the terms of it, it will waive any irregularity u to the 
period of its expiration, but such assent must be strictly proved. 4 T. R. 
361; 2 Phil. Ev. 183. When the landlord is ignorant of the time when the 
term commenced, a notice to quit may be given not specifying any particular 
day, but ordering the tenant in general terms to quit and deliver up the 
possession of the premises, at the end of the current year of his tenancy 
thereof, which shall, expire next after the end of three months from the 
date of the notice. See 2 Esp. N. P. C. 589. 
     8.-Sec. 6. What will amount to a waiver of the notice. The acceptance of

rent accruing subsequently to the expiration of the notice is the most usual 
means by which a waiver of it may be produced, but the acceptance of such 
rent is open to explanation; and it is the province of the jury to decide 
with what views, and under what circumstances the rent is paid and received. 
Adams on Ej. 139. If the money be taken with an express declaration that 
the notice is not thereby intended to be waived, or accompanied by other 
circumstances which may induce, an opinion that the landlord did not intend 
to continue the tenancy, no waiver will be produced by the acceptance; the 
rent must be paid and received as rent, or the notice will remain in force. 
Cowp. 243. The notice may also be waived by other acts of the landlord; but 
they are generally open to explanation, and the particular act will or will 
not be a waiver of the notice, according to the circumstances which attend 
it. 2 East, 236; 10 East, 13; 1 T. R. 53. It has been held that a notice to 
quit at the end of a certain year is not waived by the landlord's permitting 
the tenant to remain in possession an entire year after the expiration of 
the notice, notwithstanding the tenant held by an improving lease, that is, 
to clear and fence the land and pay the taxes. 1 Binn. 333. In cases, 
however, where the act of the landlord cannot be qualified, but must of 
necessity be taken as a confirmation of the tenancy, as if he distrain for 
rent accruing after the expiration of the notice, or recover in an action 
for use and occupation, the notice of course will be waived. Adam on Ej. 
144; 1 H. BI. 311.