The Notice to Quit must allow the tenant at least three
full days to move. This means that there must be three
full days between the date the Notice to Quit is served
and the last day listed in the Notice to Quit to vacate
the premises.
For example, if the Notice specifies that the tenant
must move out by May 15, the state marshal must serve
the Notice no later than May 11.
1
Tenants have until midnight of the last day given to
them in the Notice to Quit to vacate the premises before
you may proceed with the Summons and Complaint, as
explained below.
Month-to-Month Tenancy. In nonpayment of rent
situations involving oral or written month-to-
month tenancies, the Notice to Quit cannot be served
until the tenth day after the date the rent was due, not
counting the due date. For example, if the rent is due
on May 1, the Notice to Quit cannot be served until
May 11.
The Notice to Quit may also be served during the
month immediately following the nonpayment of rent
in a month-to-month tenancy. For example, if the rent
due on May 1 is not paid, the Notice to Quit may be
served at any time from May 11 through the end of June.
Week-to-Week Tenancy. In nonpayment of rent
situations involving oral or written week-to-week
tenancies, the Notice to Quit cannot be served until
the fifth day after the rent was due, not counting the
due date. For example, if the rent is due on May 10, the
Notice to Quit cannot be served until May 15.
2
The Notice to Quit may also be served during the
week immediately following the nonpayment of rent
in a week-to-week tenancy. For example, if the rent
due on May 10 is not paid, the Notice to Quit may be
served at any time from May 15 through the end of
the next week, which would be May 23.