In the case of a joint demise to two defendants, of whom one alone resided upon this premises, proof of the service of the notice upon him has been held to be sufficient ground for the jury to presume that the notice so served upon the premises, has reached the other who resided in another place.Īt what time it must be served. The witnesses should then, for the sake of security, sign their names on the back of the copy of the notice retained, or otherwise mark it so as to identify it, and they should also state the manner in which the notice was served. 185 or serve it upon the person in possession and where the tenant is not in possession, a copy may be served on him if he can be found, and another on the person in possession.
The person serving the notice then in their presence, should deliver one of these copies to the tenant personally, or to one of his family, at his usual place of abode, although the same be not upon the demised premises 2 Phil, Ev. The person about serving the notice should make two copies of it, both signed by the proper person, then procure one or more respectable persons for witnesses, to whom he should show the copies, who, upon comparing them, and finding them alike, are to go with the person who is to serve the notice. When the premises are in possession of two or more as joint-tenants or tenants in common, the notice should be to all a notice addressed to all, and served upon one only, will, however, be a good notice.Īs to the mode of, serving the notice. It should invariably be given to the tenant, of the party serving the notice, notwithstanding a part may have been underlet, or the whole of the premises may have been assigned unless, perhaps, the lessor has recognized the slb-tenant as his tenant. When the relation of landlord and tenant subsists, difficulties can seldom occur as to the party upon whom the notice should be served. But if the notice be given by an agent, it is sufficient if his authority is afterwards recognized.Īs to the person to whom the notice should be given. Where, therefore, several persons are jointly interested in the premises, they all must join in the notice, and if any of them be not a party at the time no subsequent ratification by him will be sufficient by relation to render the notice valid. As the tenant is to act upon the notice at the time it is given to him, it is necessary that it should be such as he may act upon with security, and should, therefore, be binding upon all the parties concerned at the time it is given. It must be given by the person interested in the premises, or his agent properly appointed.
Care should be taken that the words of a notice be clear and decisive, without ambiguity, or giving an alternative to the tenant, for if it is really ambiguous or optional, it will be invalid.Īs to the person by whom the notice is to be given. But it is the general and safest practice to give written notices, and it is a precaution which should always, when possible, be observed, as it prevents mistakes, and renders the evidence certain and correct. For the purpose of bringing an ejectment, it is not necessary that the notice should be in writing, except when required to be so under an express agreement between the parties. The notice must include all the premises under the same demise, for the landlord cannot determine the tenancy as to part of the premises demised and continue it as to the residue. But where there is some doubt as to the time when the lease is to expire, it is proper to add, " or at the expiration of the current year of your tenancy." It should be dated, signed by the landlord himself, or by some person in his name, who has been authorized him, and directed to the tenant. The notice or demand of possession should contain a request from the landlord to the tenant or person in possession to, quit the premises which he holds from the landlord, (which premises ought to be particularly described, as being situate in the street an city or place, or township and county,) and to deliver them to him on or before a day certain, generally, when the lease is for a year, the same day of the year on which the lease commences. The Form of the Notice NOTICE TO QUITĪ request from a landlord to his tenant, to quit the premises lessed, and to give possession of the same to him, the landlord, at a time therein mentioned.Ħ.