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The 90-Day Notice to Move Out form serves as a crucial document in the tenant-landlord relationship, particularly in California, where it outlines the requirements and expectations for both parties during the termination of a tenancy. This notice informs tenants that they must vacate the premises within ninety days of receipt, emphasizing the importance of a peaceful departure. Tenants are reminded of their ongoing obligation to pay rent until the termination date, ensuring that financial responsibilities remain clear. Additionally, the form provides tenants with the right to request an initial inspection of their unit, allowing them to address any potential issues that may affect their security deposit. This inspection must take place no earlier than two weeks before the tenancy ends, and tenants can be present during this process to receive an itemized list of any necessary repairs or cleaning. Furthermore, the notice outlines the consequences of failing to comply, including potential legal action that could adversely affect a tenant's credit. The form also includes a proof of service section, ensuring that the notice is delivered appropriately, whether in person, through a suitable individual, or by mail. Overall, the 90-Day Notice to Move Out form encapsulates essential information that helps facilitate a smooth transition for both landlords and tenants, while also safeguarding the rights and responsibilities of each party involved.
Dos and Don'ts
When filling out the 90-Day Notice To Move Out form, consider the following do's and don'ts:
- Do ensure all required information is complete and accurate.
- Do provide the correct address of the premises you are vacating.
- Do keep a copy of the completed notice for your records.
- Do notify the owner/agent if you wish to request an initial inspection.
- Don't forget to sign and date the form before submission.
- Don't leave out any details about your current tenancy.
- Don't ignore the timeline; ensure you submit the notice within the required timeframe.
Document Attributes
| Fact Name | Description |
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| Purpose | The 90-Day Notice to Move Out informs tenants that their tenancy will end in 90 days. |
| Legal Requirement | This notice complies with California Civil Code Section 1946.1, which outlines the termination of tenancies. |
| Service Methods | Tenants can receive the notice through personal delivery, delivery to a suitable person, or by mail. |
| Inspection Rights | Tenants may request an initial inspection of the unit, which must occur no earlier than two weeks before the termination date. |
| Security Deposit | Tenants will receive an itemized list of potential deductions from their security deposit after vacating the unit. |
| Credit Impact | Failure to vacate may lead to legal action, which can negatively impact the tenant's credit score. |
| Rent Obligation | Tenants are still responsible for paying rent until the termination date, even after receiving the notice. |
Key takeaways
When it comes to the 90-Day Notice to Move Out form, understanding its purpose and the process can greatly ease the transition for both tenants and landlords. Here are some key takeaways to keep in mind:
- Notice Period: The form serves as a formal notification that your tenancy will end in 90 days. This gives you time to prepare for your move.
- Legal Implications: Failing to vacate the premises within the specified time may lead to legal action, which could affect your credit.
- Rent Obligations: Even after receiving this notice, you are still responsible for paying rent until the termination date.
- Initial Inspection Rights: You have the right to request an initial inspection of your unit, which can help identify potential deductions from your security deposit.
- Inspection Timing: The initial inspection can take place no earlier than two weeks before your move-out date.
- Itemized List: During the initial inspection, you will receive an itemized list of any repairs or cleaning needed, which may differ from the final list provided after you vacate.
- Communication with Owner/Agent: It’s important to inform the owner or agent if you wish to request an inspection and whether you want to be present during it.
- Proof of Service: The form includes a section for proof of service, which documents how and when the notice was delivered to you.
- Legal Advice Disclaimer: Remember that this form is provided as a courtesy and does not constitute legal advice. Consult a professional if you have questions.
By keeping these points in mind, you can navigate the moving process more effectively and ensure that you meet all necessary obligations. Proper planning and communication are key to a smooth transition.
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Example - 90 Day Notice To Move Out Form
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: |
On |
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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 |
Date |
Form provided as a courtesy by the Regional Human Rights/Fair Housing Commission and does not constitute legal advice. 4/2009
Detailed Instructions for Writing 90 Day Notice To Move Out
After completing the 90 Day Notice To Move Out form, it is essential to serve it properly to ensure that all parties are notified as required by law. This process involves delivering the notice to the tenant and documenting how the notice was served. Follow these steps to fill out the form accurately.
- Fill in the Date: Write the current date at the top of the form.
- Enter the Tenant's Name: In the space provided, write the name of the tenant or tenants being notified.
- Provide the Address: Fill in the complete street address of the rental property, including the city, zip code, and county.
- State the Termination Notice: Clearly state that the tenancy will be terminated 90 days after the notice is served.
- Include Owner/Agent Information: Write your name and title as the owner or agent of the property.
- Document Proof of Service: Choose how you will serve the notice and fill in the corresponding details, including dates and methods of delivery.
- Sign the Form: Sign the form to affirm that the information is accurate and that you have served the notice.
- Keep a Copy: Make a copy of the completed form for your records before delivering it to the tenant.
Once the form is filled out and served, keep track of any responses from the tenant. It’s important to adhere to the timeline provided in the notice to ensure compliance with the law.
Documents used along the form
The process of terminating a tenancy involves several important documents that work in conjunction with the 90-Day Notice to Move Out. Each of these forms serves a specific purpose and helps ensure that both landlords and tenants understand their rights and obligations. Below is a list of commonly used documents related to this process.
- Lease Agreement: This is the original contract between the landlord and tenant, outlining the terms of the rental arrangement, including rent amount, duration, and responsibilities of both parties. It serves as the foundational document for the tenancy.
- Employment Verification Form: To confirm employment status for various purposes, utilize the important Employment Verification document to ensure accurate and necessary information is provided.
- Initial Inspection Request: This document allows tenants to formally request an inspection of the rental unit prior to moving out. It ensures that tenants can be present during the inspection, which helps them understand any potential deductions from their security deposit.
- Move-Out Checklist: This checklist provides tenants with a guide on what needs to be done before vacating the property. It often includes cleaning tasks and repairs that may be necessary to avoid deductions from the security deposit.
- Security Deposit Return Form: After a tenant moves out, this form is used to document the return of the security deposit. It may include details about any deductions made for repairs or cleaning, along with an itemized list of expenses.
- Proof of Service Document: This document verifies that the 90-Day Notice to Move Out was properly delivered to the tenant. It is crucial for legal proceedings, as it demonstrates that the tenant was informed of the termination of their tenancy.
Understanding these documents can help both landlords and tenants navigate the complexities of ending a tenancy. Each form plays a vital role in protecting the rights of all parties involved and ensuring a smooth transition during the moving process.