Homepage Fill in a Valid 90 Day Notice To Move Out Form

Document Sample

90-Day Notice of Termination of Tenancy

To:

 

 

 

 

 

,and all others, in possession of the premises located at:

(street address)

 

 

 

 

 

 

 

 

In the City of:

 

 

 

Zip:

 

 

County of:

 

CA

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

 

 

 

as follows:

On

_______________

,I delivered the notice to the occupant personally. OR

On

_______________

,I delivered the notice to a person of suitable age and discretion at the

 

 

occupant’s residence/business after having attempted personal service at the

 

 

occupant’s residence/business if known. On __________ I mailed first class

 

 

mail, copies to the occupant’s at his or her residence. OR

On

_______________

,I posted the notice in a conspicuous place on the property, after having

 

 

attempted personal service at the occupants residence/business, if known and

 

 

after having been unable to find there a person of suitable age and discretion,

 

 

and on __________ I mailed first class mail, copies to the occupants at the

 

 

property.

I declare under penalty of perjury under the laws of the State of CA that the foregoing is true and correct.

Signature

Date

Form provided as a courtesy by the Regional Human Rights/Fair Housing Commission and does not constitute legal advice. 4/2009

Document Information

Fact Name Details
Purpose The 90-Day Notice to Move Out informs tenants that their tenancy will end in 90 days.
Governing Law This notice is governed by California Civil Code Section 1946.1.
Service Requirement The notice must be served to all occupants in possession of the premises.
Vacate Timeline Tenants must vacate the premises within 90 days of receiving the notice.
Legal Consequences If tenants do not vacate, legal proceedings may be initiated to recover possession.
Credit Impact A lawsuit resulting from non-compliance may negatively affect the tenant's credit score.
Rent Obligation Tenants are still responsible for paying rent until the termination date.
Initial Inspection Tenants can request an initial inspection of the unit before vacating.
Itemized List An itemized list of potential deductions from the security deposit will be provided after the inspection.
Proof of Service The notice must include proof of service detailing how it was delivered to the tenant.

90 Day Notice To Move Out - Usage Guidelines

Completing the 90-Day Notice To Move Out form is a straightforward process. This form serves as a formal notification to tenants regarding the termination of their tenancy. After filling out the form, it should be served to the tenant in accordance with the specified delivery methods. Follow these steps to ensure the form is completed accurately.

  1. Fill in the date: Write the current date at the top of the form.
  2. Identify the tenant: In the "To" section, list the name of the tenant and any others who may be in possession of the premises.
  3. Provide the address: Fill in the complete street address, including the city, zip code, and county where the property is located.
  4. State the notice period: Clearly state that the tenancy will be terminated 90 days from the date of service of this notice.
  5. Include the owner/agent's name: In the designated area, write the name of the owner or agent issuing the notice.
  6. Complete the proof of service section: Indicate how the notice was served, whether it was delivered personally, to a suitable person, mailed, or posted.
  7. Sign and date: The person serving the notice must sign and date the form, confirming the accuracy of the information provided.

Once the form is completed, it must be served to the tenant as described. This ensures that the tenant is properly informed about the termination of their tenancy and the next steps they need to take.

Dos and Don'ts

When filling out the 90 Day Notice To Move Out form, it's important to follow specific guidelines to ensure accuracy and compliance. Here are eight things you should and shouldn't do:

  • Do clearly fill in the tenant's name and all others in possession of the premises.
  • Do provide the complete address of the rental property, including street address, city, zip code, and county.
  • Do ensure that the date of the notice is accurate and clearly stated.
  • Do inform the tenant about their right to request an initial inspection of the unit.
  • Don't forget to sign and date the form to validate it.
  • Don't leave out information regarding how the notice was served to the tenant.
  • Don't neglect to mention that the tenant must continue to pay rent until the termination date.
  • Don't use vague language; be specific about the terms and conditions outlined in the notice.

Common mistakes

  1. Incomplete Address Information: Failing to provide the full street address, city, zip code, and county can lead to confusion and delays. Ensure that all sections of the address are filled out accurately to avoid any issues with the notice being considered valid.

  2. Incorrect Dates: Not properly noting the date of service or the expected move-out date can create complications. It’s essential to calculate the 90-day period correctly and to mark the date clearly to ensure compliance with the required timeline.

  3. Neglecting to Sign: A common oversight is forgetting to sign the notice. Without a signature, the document may not hold legal weight. Always double-check that the form is signed and dated before submission.

  4. Not Requesting an Initial Inspection: Some tenants overlook their right to request an initial inspection of the unit. This inspection can provide valuable information regarding potential deductions from the security deposit. It’s advisable to formally request this inspection and to be present during it for transparency.