Landlord Serves Two Notices to Quit

By Robert Jachowicz

A Landlord takes its chances if more than one ground exists to terminate a tenancy and the decision is made to issue two separate Notices to Quit concurrently.  For example if a tenant is behind in the rent and also in violation of a covenant in the written tenancy agreement, the Landlord could send a Notice to Quit for nonpayment of rent and a Notice to Quit for breach of the Lease.

In a recent District Court Appellate Decision the tenant in Hingham District Court lost the case, but appealed this issue to the Appellate Division.  However, the District Court Judge made no findings (the tenant failed to request them) so the general challenge to the findings in the Appellate Division was dismissed.  Although that appears to be a vindication of the Landlord sending the two notices, the issue was not reached on the merits, and  the appeal took longer than it would have to just do separate notices.  The Notices to Quit to terminate the tenancy were dated April 30, 2015 and the decision of the Appellate Divsion was not rendered until April 17, 2017.  It is hard to view that as a victory for the Landlord.

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Categories: Real Estate Articles and Real Estate Case Summaries.