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Eviction Notice
A notice to vacate is a formal written notification from the landlord to the tenant requiring the latter to vacate and surrender the leased residential or commercial premises.
An eviction notice is a written declaration by which the landlord formally requires the tenant to vacate the leased premises within a specified period. Such notice is given upon termination of the lease or in the event of material breach by the tenant, including non-payment of rent or causing nuisance.
The notice is significant because it constitutes the first formal step in any subsequent eviction proceedings. Absent a valid notice, the landlord may not proceed directly to the service of a writ of summons seeking eviction before the court.
In practice, an eviction notice is commonly delivered by registered post or by bailiff’s writ, thereby ensuring proof of receipt. The tenant is afforded a reasonable period within which to vacate voluntarily before further legal action is taken.
“Following repeated payment arrears, the landlord served the tenant with a notice to vacate, allowing four weeks to leave the premises.”
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