NOTICE TO QUIT. A request from a landlord to his tenant to quit the premises leased, and to give possession of the same to him, the landlord, at a time therein men tioned. Jackson v. French, 3 Wend. (N. Y.) 337, 20 Am. Dec. 699 ; Den v. Adams, 12 N. J. L. 99.
The form of the notice. The notice or de mand 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 and city or place, or township and county), and to deliver them to him on or before a day certain,—gener ally, when the lease Is for a year, the same day of the year on which the lease com mences. 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." 2 Esp. 589. It should be dated, signed by the landlord himself, or by some person in his name, who has been authorized by him, and di rected to the tenant. The notice must in clude all the premises under the same de mise; for the landlord cannot determine the tenancy as to part of the premises de mised and continue it as to the residue. 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; Com. Dig. Estate by Grant (G 11, n. p.); 2 Campb. 96. 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. Care should be taken that the words of a notice be clear and decisive, without am biguity or giving an alternative to the ten ant ; for if it be really ambiguous or option al, it will be invalid ; Ad. Ej. 204.
As to the person by whom the notice is to be given. It must be given by the person interested in the premises, or his agent prop erly appdinted ; Ad. Ej. 120. See 3 C. B. 215. 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 be may act upon with security, and should, therefore, be binding upon all the parties concerned at the time it is given. Where, therefore, several persons are jointly interested in the prem ises, they need not all join in the notice; but, 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. But see 1 B. & Ad. 135 ; 7 M. & W. 139. But if the notice be given by an agent, it is sufficient if his authority is afterwards recognized ; 3 B. & Ald. 689. But see 10
B. & C. 621.
As to the person to whom the notice should be given. When - the relation of landlord and tenant subsists, difficulties can seldom occur as to the party upon whom the notice should be served. It should in variably 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; Ad. Ej. 119; 5 B. & P. 330; 6 B. & C. 41; unless, perhaps, the lessor has recognized the sub tenant as his tenant ; Jackson v. Baker, 10 Johns. (N. Y.) 270. When the premises are in possession of two or more as joint ten ants or tenants in common, the notice should he to all. A notice addressed to all and served upon one only will, however, be a good notice; Ad. Ej. 123. The delivery of a notice to quit to the wife of a tenant, she being in possession of the premisep, is a good service upon the husband ; Bell v. Bruhn, 30 Ill. App. 300.
As to the mode of serving the notice. 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 com paring them and finding them alike, are to go with the person who is to serve the no tice. 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. 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 pos session. 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. In the case of a joint demise to two defendants, of whom one alone resided upon the premises, proof of the service of the notice upon him -has bean' held to he sufficient ground for the jury to presume that the 'notice so served upon the premises has reached the other who resided in another place; 7 East 553; 5 Esp. 196. In ejectment the defence of adverse possession is inconsistent with a tenancy, and exempts the plaintiff from the necessity of proving a notice to quit ; Wolf v. Holton, 92 Mich. 136, 52 N. W. 459; Mc Ginnis v. Fernandes, 126 Ill. 228, 19 N. E. 44; Simpson v. Applegate, 75 Cal. 342, 17 Pac. 237.