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Serving a Second14-Day Notice to Quit in a 12 month Period

I currently have a tenant under lease agreement for 12 months. I am three months into the lease agreement and the tenants have been late each time. I have already had to serve one 14-day notice to quit. I have a feeling I will be serving a second notice to quit this month. When I serve this second notice to quit does the tenancy automatically terminate and do the tenants become “tenants at will”. My main goal is to have these tenants out of the unit ASAP. If they become tenants at will can I start the eviction process immediately? If they make late payment can I accept it? Any guidance would be appreciated.

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I think we might be getting our terminology mixed up.  After the expiration of a properly served notice to quit, the tenant becomes a tenant at sufferance.  But that is really not important.  If you want to get rid of the tenant, you just need to follow through on the eviction process, go to court, get the judgment for possession, and then get the tenant out (either voluntarily or through the services of a sheriff or constable).  During this process, you can accept money from the tenant, but you should always provide a receipt that specifies that you are taking the money for "use and occupancy only, not as rent."  Hope that helps.



When I served the 1st 14 day notice to quit the tenant cured the notice with full payment. Now a month later I am dealing with the same issue. The second notice to quit has been served. can I accept payment and continue with the eviction process as long as I give tenant receipt stating "Occupancy and Use only"


Yes.  Sorry.  You are correct.  I was thinking of the law as it relates to tenants at will. There is a distinction between tenants who have a lease, and tenants who are month to month (tenants at will).  A tenant at will can "cure" the non-payment or rent by making full payment to the landlord or her agent within 10 days of receiving a notice to quit. The tenant at will can only do this once, however, in any 12 month period. After that first cure in any 12 month period, the landlord can evict and still collect money as use and occupancy. 
A tenant with a lease, on the other hand, can make a much larger pain in the butt of himself by curing multiple times.  He can cure the breach any time up until the expiration of the notice to quit, as many times as he likes.  The tenant can also cure the breach after that time, up until the date the tenant's answer is due.  However, once the tenant has received the summons and complaint, he will be liable for the landlord's costs (as specified in the lease), including filing fees, service fees, interest, and attorney's fees.


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