If a lease agreement was never signed by any tenant, does an unconditional quit notice qualify as an eviction notice?

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If a lease agreement was never signed by any tenant, does an unconditional quit notice qualify as an eviction notice?

I was served with the notice today; I was given 10 days to vacate the property. This was due to failure to pay a $100 utility bill and $40 on this month’s rent. Should I wait for a court date?

Asked on September 29, 2011 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In most states there are two ways to evict a tenant who is not paying the required rent by either a notice of termination or a notice to pay or quit. The notice to terminate a tenancy requires longer notice, usually thirty (30) days minimum.

The notice to pay or quit (three [3] to ten [10] days depending upon the state) gives the tenant an option to pay within the stated time period to cure and if not, the landlord typically files a lawsuit to evict the tenant if he or she does not voluntarily leave the unit.

In your situation I suggest that you simply immediately pay your landlord the $140.00 by a check keeping a copy for your records in that I suspect that the ten (10) days notice given you was one to pay or quit and not an actual notice to terminate.

Good luck.

 


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