5. RIGHT NOT TO ISSUE A NOTICE TO QUIT.
Ignorantly, most tenants argue endlessly with their landlord over his non issuance of a “Notice to Quit” on them. On the other hand, some landlords do issue “Notice to Quit” when they need to so. The truth is that a landlord has a right to issue a notice to quit and also a right not issue a notice to quit.
First of the instances where a landlord need not issue a “Notice to Quit” is where a tenancy agreement contains such. By tenancy agreement between a landlord and his tenant both can waive the issuance of a notice to quit on tenant. The law allows such and will honour same, for both parties have the right to determine the terms and conditions of their tenancy agreement. Practically, most tenants are always in a haste to move into houses/properties at all cost and would hurriedly sign anything. Hence, landlords can insert “Notice to quit Waiver Clauses” in tenancy agreements to afford them its consequential right. With such a clause a landlord need not serve even a day notice to quit on his tenant. Once the tenancy agreement was signed wilfully the court will honour it and assist in its execution.
The second instance is where a tenant contradicts a written term or condition of his tenancy agreement. In such circumstance his landlord need not issue him a notice to quit before embarking on further steps to evict him. For example, where a tenancy agreement provides that a building be used solely for residential purposes and a tenant turns such a building into a commercial, business or industrial use, his landlord need not serve him a “Notice to Quit”.
Thirdly, where a tenant has been in debt of arrears of rent for three (3) consecutive months, he requires no “Notice to Quit”. The 3 months must be together and not having a new paid month(s) in between them. The rent must have been demanded for by the landlord or his agents.
Lastly, where a term, tenure, duration of tenancy has expired and a new one is not renewed a landlord need not serve a “Notice to Quit” on his tenant. It plays to logic, because you need not give a notice of your intention to terminate what had already terminated. So at the lapse of a tenancy by effluxion of time a tenant requires no “Notice to Quit” from his landlord.
In all the above four instances, landlords can dispense the service of a “Notice to Quit” upon their tenants while they employ other eviction processes like the service of “7 Days Notice of Owners Intention”.