Content Overview
The 90 Day Notice To Move Out form serves as an important legal document for landlords and tenants in California. It provides tenants with a formal notification that their tenancy will be terminated in ninety days. This notice outlines the responsibilities of the tenant, including the requirement to vacate the premises peacefully by the specified date. If tenants do not comply, the landlord may initiate legal proceedings to regain possession of the property, which can also have a negative impact on the tenant's credit. The form emphasizes that tenants are still obligated to pay rent until the termination date, regardless of the notice. Additionally, it grants tenants the right to request an initial inspection of their unit, allowing them to be present during the inspection process. This inspection typically occurs two weeks before the tenancy ends and provides an itemized list of any potential deductions from the security deposit. Tenants are encouraged to communicate with their landlord or agent regarding their desire for this inspection. Understanding the nuances of this form can help both parties navigate the moving-out process more smoothly.
Key takeaways
- Notice Period: The form requires a 90-day notice before terminating the tenancy. Ensure you submit it on time to avoid complications.
- Obligation to Vacate: Tenants must peacefully vacate the premises within the 90-day period. Failure to do so may result in legal action.
- Credit Impact: A lawsuit resulting from non-compliance can negatively affect your credit score. Take this notice seriously.
- Rent Responsibility: Even after receiving the notice, tenants are still responsible for paying rent until the termination date.
- Initial Inspection: Tenants have the right to request an initial inspection of the unit, which can help identify potential deductions from the security deposit.
- Proof of Service: The notice must be properly served. Options include personal delivery, leaving it with someone at the residence, or posting it on the property.
Guide to Writing 90 Day Notice To Move Out
Completing the 90 Day Notice To Move Out form is a straightforward process. This document serves as a formal notification for tenants regarding the termination of their tenancy. After filling out the form, it is essential to deliver it properly to ensure that all parties are informed and to avoid any potential disputes.
- Begin by filling in the date at the top of the form. This marks when the notice is being served.
- Next, enter the name of the tenant or tenants receiving the notice. This should include all individuals in possession of the premises.
- Provide the street address of the rental property. Make sure to include the city, zip code, and county in California.
- Clearly state that the tenancy is being terminated, indicating that the tenants have ninety (90) days from the service of this notice to vacate the premises.
- Include a reminder that failure to vacate may lead to legal proceedings, which could negatively impact the tenant’s credit.
- Inform the tenants of their right to request an initial inspection of the unit. Specify that this inspection can occur no earlier than two weeks before the termination date.
- Sign the form as the owner or agent, ensuring your name is printed clearly beneath your signature.
- Fill out the proof of service section. Indicate how the notice was delivered, whether personally, to a suitable person, by mail, or posted on the property.
- Complete the date of service for each method of delivery you used.
- Finally, declare under penalty of perjury that the information is true and correct, and sign again if required.
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Form Preview Example
To: |
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,and all others, in possession of the premises located at: |
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(street address) |
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In the City of: |
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Zip: |
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County of: |
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CA |
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You are hereby notified that ninety (90) days after service of this notice, your tenancy at these premises is terminated. Within that time you are required to peacefully vacate and surrender possession of the premises. If you fail to do so, legal proceedings will be instituted against you to recover possession of the premises, damages and costs of suit. Please note that if a lawsuit is filed against you, it will negatively affect your credit.
This notice does not cancel your obligation to pay the rent owed until the date of termination.
You have the right to request an initial inspection of your unit and to be present during that initial inspection, which shall occur no earlier than two weeks prior to the termination of tenancy. At this initial inspection the owner/agent will give you an itemized list explaining any repairs or cleaning that could be the cause of deductions taken from your security deposit. This list may differ from the final itemized list you are entitled to receive from the owner/agent within 21 days after you vacate the unit.
Please notify the owner/agent if you wish to request an initial inspection and whether you wish to be present during the inspection.
Date:Owner/Agent:
PROOF OF SERVICE
I, the undersigned, being at least 18 years of age, served this notice of which this is a true copy, on
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as follows: |
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,I delivered the notice to the occupant personally. OR |
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On |
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,I delivered the notice to a person of suitable age and discretion at the |
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occupant’s residence/business after having attempted personal service at the |
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occupant’s residence/business if known. On __________ I mailed first class |
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mail, copies to the occupant’s at his or her residence. OR |
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On |
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,I posted the notice in a conspicuous place on the property, after having |
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attempted personal service at the occupants residence/business, if known and |
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after having been unable to find there a person of suitable age and discretion, |
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and on __________ I mailed first class mail, copies to the occupants at the |
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property. |
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I declare under penalty of perjury under the laws of the State of CA that the foregoing is true and correct.
Signature |
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Form provided as a courtesy by the Regional Human Rights/Fair Housing Commission and does not constitute legal advice. 4/2009
Documents used along the form
The 90-Day Notice to Move Out form is a critical document for landlords and tenants navigating the end of a tenancy. Several other forms and documents are often used in conjunction with this notice to ensure compliance with legal requirements and to protect the rights of both parties. Below is a list of commonly associated documents.
- Lease Agreement: This document outlines the terms of the rental arrangement, including duration, rent amount, and responsibilities of both the landlord and tenant. It serves as the foundation for the tenancy.
- Texas Motor Vehicle Power of Attorney Form: This form is essential for vehicle ownership and registration matters, especially when owners are unavailable. For more information, you can refer to smarttemplates.net.
- Security Deposit Receipt: This receipt confirms the amount of the security deposit paid by the tenant. It details the conditions under which the deposit may be withheld at the end of the tenancy.
- Initial Inspection Notice: This notice informs the tenant of their right to request an initial inspection of the rental unit prior to moving out. It helps identify any potential deductions from the security deposit.
- Final Inspection Report: After the tenant vacates, this report provides an itemized list of any damages or necessary repairs. It is crucial for determining the return of the security deposit.
- Eviction Notice: If the tenant does not vacate by the termination date, this document initiates legal proceedings to remove the tenant from the property. It serves as a formal request for the tenant to leave.
- Move-Out Checklist: This checklist helps tenants ensure that they have completed all necessary tasks before leaving the property. It may include cleaning, repairs, and returning keys.
These documents collectively help facilitate a smooth transition at the end of a tenancy. Understanding each form's purpose can aid both landlords and tenants in fulfilling their obligations and protecting their rights.