Lapse of Time. In cases when an oral or written lease
has terminated by lapse of time the tenant must be
given at least three full days and at least until the end
of the time period they would normally have been
entitled to vacate the premises. For example, in an oral
month-to-month lease running from May 1 to May
31, if the Notice to Quit is served on May 20, it must
give the tenant at least until the last day of the month,
which is May 31. If, however, the Notice to Quit is
served on May 28, it must give the tenant until June 1
to vacate.
SERVICE OF NOTICE TO QUIT
The Notice to Quit must be served. Service by a
state marshal will satisfy this requirement. The state
marshal will charge a fee for service. After the state
marshal serves the Notice to Quit, the original will be
returned to you, with the state marshal’s completed
return of service, indicating that service was made.
3
SUMMONS AND COMPLAINT
If your tenant has not moved after the last day given
in the Notice to Quit, you must present the clerk’s
office with the original Notice to Quit and Return of
Service, and a completed Summons and Complaint
(JD-HM-32 and JD-HM-8, respectively.)
The clerk will review and sign the paperwork. The
return date must also be determined. The return
date can be any day of the week except Sundays and
holidays. It is not necessary to appear in court on
the return date. You must also include the Right to
Counsel (RTC) notice along with the summons and
complaint. All these documents must be served by a
state marshal. The marshal will charge a fee.