72 Hour Notice to Quit
A 72 hour notice to quit is a unique type of notice that is generally used for post-foreclosure eviction (“summary process”) cases. Receipt of one of these notices is a sign that an eviction case following a foreclosure sale will begin soon.
A notice to quit is required prior to the start of an eviction case. For evictions involving landlord/tenants, where the parties previously entered into a rental agreement, there are specific requirements for the notice to quit required prior to eviction. Terminating a tenancy for non-payment of rent, for example, generally requires a 14 day notice to quit. The sending of a notice to quit for a landlord/tenant eviction is a mandatory part of the process; a court will throw out an eviction if the proper notice is not sent, or the landlord cannot prove that the landlord received it.
The same is not true for a post-foreclosure eviction case, where the landlord (often the bank or lender who purchased the home at the foreclosure sale) is attempting to evict the former homeowner. There is no specific requirement as to what type of notice a foreclosing entity needs to provide to a former homeowner. Many cases on this matter suggest that no notice to quit is required for one of these cases (unlike a landlord/tenant eviction).
Despite the law suggesting that no such notice to quit is required, out of custom, a 72 hour notice to quit is generally used for post-foreclosure eviction cases. This notice informs the former homeowner that they have 72 hours to leave the property, or an eviction will begin. A notice to quit is generally served by a sheriff or constable.
Despite the 72 hour “deadline” in one of these notices, a former homeowner does not need to leave their home after receiving one of these notices. A homeowner only needs to leave the home after a court enters an execution for possession, allowing the owner of the property to physically remove the former homeowner and their possessions from the property. Before doing so, a former homeowner (like a tenant) is entitled to their “day in court” and allowed to present their reasons why they should not be evicted from the home. The 72 notice to quit, simply put, is merely the start of the eviction process, and not the end.
A homeowner who receives a 72 hour notice to quit needs to act quickly in defending themselves against the imminent post-foreclosure eviction. If you find yourself in such a case, contact me for a consultation. Eviction cases move quickly, and it is important to have an experienced attorney to help you understand your rights.