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Understanding the 90 Day Notice To Move Out form is crucial for both tenants and landlords navigating the complexities of tenancy termination in California. This form serves as an official notification, informing tenants that their lease will end in ninety days. It outlines the responsibilities of the tenant to vacate the premises peacefully, emphasizing the importance of adhering to this timeline to avoid potential legal consequences. If a tenant fails to move out by the specified date, the landlord may initiate legal proceedings, which could negatively impact the tenant's credit. Additionally, the notice reminds tenants that their obligation to pay rent remains until the termination date. Tenants also have the right to request an initial inspection of their unit before moving out, allowing them to understand any potential deductions from their security deposit. This inspection must occur at least two weeks prior to the end of the tenancy, and tenants are encouraged to be present during this process. Overall, the 90 Day Notice To Move Out form is not just a simple document; it encapsulates essential rights and responsibilities that can significantly affect a tenant's future housing and financial standing.

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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

Form Specifications

Fact Name Details
Purpose The 90-Day Notice To Move Out informs tenants that their tenancy will end in 90 days.
Legal Requirement In California, landlords must provide this notice under California Civil Code Section 1946.1.
Delivery Methods The notice can be delivered personally, to a suitable person at the residence, mailed, or posted on the property.
Initial Inspection Tenants have the right to request an initial inspection of the unit before moving out.
Security Deposit Tenants may receive an itemized list of potential deductions from their security deposit after the initial inspection.
Consequences of Non-Compliance If tenants do not vacate, landlords may initiate legal proceedings, which can impact the tenant's credit.
Rent Obligation Tenants are still required to pay rent until the termination date, even after receiving the notice.

90 Day Notice To Move Out: Usage Guidelines

Completing the 90 Day Notice To Move Out form is an important step in the process of ending a tenancy. Once the form is filled out and served properly, it will initiate the timeline for vacating the premises. Here are the steps to follow in order to fill out the form correctly:

  1. Begin by entering the date at the top of the form.
  2. Fill in the name of the tenant(s) receiving the notice in the space provided after "To:".
  3. Provide the complete street address of the rental property, including the city, zip code, and county of California.
  4. Clearly state that the tenancy will be terminated 90 days after the notice is served.
  5. Include a reminder that the tenant is required to vacate the premises peacefully within the specified time frame.
  6. Note that failure to vacate may result in legal action and could negatively affect the tenant's credit.
  7. Indicate that the tenant has the right to request an initial inspection of the unit and whether they wish to be present during this inspection.
  8. Fill in the name of the owner or agent responsible for the property.
  9. Complete the "Proof of Service" section by selecting how the notice was delivered (either personally, to a suitable person, by mail, or posted). Fill in the relevant dates for each method used.
  10. Sign and date the form at the bottom, affirming that the information provided is true and correct.

After completing the form, it must be served to the tenant in one of the specified ways. Ensure that all details are accurate to avoid any complications. Keeping a copy for your records is also advisable.

Your Questions, Answered

What is the 90-Day Notice To Move Out form?

The 90-Day Notice To Move Out form is a legal document used by landlords in California to inform tenants that their tenancy will be terminated. This notice gives tenants 90 days to vacate the premises. It is essential for landlords to provide this notice in writing to ensure that tenants are aware of their obligation to leave the property by the specified date.

How does the 90-Day Notice affect my tenancy?

This notice officially ends your tenancy at the specified property. After receiving the notice, you have 90 days to move out. If you do not vacate the premises by the end of this period, the landlord may initiate legal proceedings to recover possession of the property. This can also result in additional costs and potential damage to your credit if a lawsuit is filed.

Can I request an initial inspection of my unit?

Yes, you have the right to request an initial inspection of your unit. This inspection can occur no earlier than two weeks before your tenancy ends. During this inspection, the landlord or their agent will provide you with an itemized list of any repairs or cleaning that may affect your security deposit. You should notify the landlord if you wish to be present for this inspection.

What happens if I do not move out by the deadline?

If you fail to vacate the premises by the end of the 90-day notice period, the landlord may file a lawsuit to regain possession of the property. This legal action can lead to additional costs for you and may negatively impact your credit history. It is important to take this notice seriously and plan your move accordingly.

Do I still need to pay rent after receiving the notice?

Yes, you are still responsible for paying rent until the date of termination specified in the notice. The obligation to pay rent does not end with the receipt of the 90-Day Notice To Move Out. Ensure that all rent payments are made on time to avoid any further complications.

What should I do if I have questions about the notice?

If you have questions or concerns regarding the 90-Day Notice To Move Out, it is advisable to contact the landlord or their agent directly. You may also seek assistance from local tenant rights organizations or legal aid services for further guidance on your rights and responsibilities.

Common mistakes

  1. Incomplete Information: Failing to fill in all required fields, such as the street address, city, and county, can render the notice ineffective. Ensure that every section is completed accurately.

  2. Incorrect Dates: Not specifying the correct date of service or the intended move-out date can lead to confusion. Double-check the timeline to ensure it aligns with the 90-day requirement.

  3. Failure to Notify: Not informing the owner or agent about the desire for an initial inspection can result in missing out on important information regarding potential deductions from the security deposit.

  4. Missing Signature: Forgetting to sign the notice can invalidate it. Always remember to sign and date the form before submission.

  5. Improper Service Method: Using an incorrect method to serve the notice, such as not delivering it personally or failing to mail it as required, can lead to legal complications.

  6. Ignoring Rent Obligations: Assuming that submitting the notice cancels the obligation to pay rent until the termination date is a common mistake. Rent must still be paid until the official end of tenancy.

  7. Not Keeping Copies: Failing to keep a copy of the notice for personal records can create issues later on. Always retain a copy for your own documentation.

  8. Neglecting to Check Local Laws: Not being aware of local regulations regarding notice periods and tenant rights can lead to misunderstandings. Researching local laws is crucial for compliance.

Documents used along the form

When preparing to move out, several forms and documents may accompany the 90-Day Notice to Move Out. Each document serves a specific purpose in ensuring a smooth transition for both tenants and landlords. Here’s a list of commonly used documents:

  • Lease Agreement: This is the original contract between the tenant and landlord, outlining the terms of the tenancy, including rent, duration, and responsibilities.
  • Security Deposit Receipt: This document provides proof of the security deposit paid by the tenant and outlines the conditions under which it can be withheld.
  • Initial Inspection Request: Tenants can use this form to request an initial inspection of the rental unit, allowing them to address any issues before moving out.
  • Move-Out Checklist: A checklist that helps tenants ensure they have completed all necessary tasks before vacating, such as cleaning and returning keys.
  • Forwarding Address Form: This document allows tenants to provide their new address to the landlord for future correspondence, including the return of the security deposit.
  • Notice of Intent to Vacate: Similar to the 90-Day Notice, this document formally informs the landlord of the tenant's intention to leave the property.
  • Final Walk-Through Agreement: This agreement outlines the procedure for the final walk-through of the property, ensuring both parties agree on the condition of the unit.
  • Change of Address Notification: A form to notify the postal service and other relevant entities of the tenant's new address after moving out.

Having these documents ready can simplify the moving process and help avoid potential disputes. Always keep copies of all correspondence for your records.

Similar forms

  • 30-Day Notice to Quit: This document notifies tenants that they must vacate the premises within 30 days. Like the 90-Day Notice, it serves as a formal termination of tenancy, but it provides a shorter timeframe for tenants to leave.
  • 60-Day Notice to Quit: Similar to the 30-Day Notice, this form gives tenants 60 days to vacate. It is used when a longer notice period is required, often for month-to-month leases, maintaining the same legal purpose of terminating tenancy.
  • Notice of Lease Violation: This document informs tenants of specific lease violations. It typically provides a timeframe to remedy the situation or face eviction, similar to how the 90-Day Notice allows tenants time to vacate.
  • Eviction Notice: This document initiates legal proceedings against a tenant for not vacating the property. While the 90-Day Notice serves as a warning, the Eviction Notice is a more immediate step toward legal action.
  • Notice of Intent to Enter: This document informs tenants that the landlord intends to enter the property for specific reasons, such as repairs or inspections. While the 90-Day Notice terminates tenancy, this notice addresses tenant rights and landlord access during the lease period.

Dos and Don'ts

When filling out the 90-Day Notice To Move Out form, it's important to approach the process carefully. Here’s a list of things you should and shouldn’t do to ensure a smooth experience.

  • Do fill out the form completely. Include all necessary details such as your name, address, and the date.
  • Do keep a copy of the completed notice for your records. This can be useful for future reference.
  • Do provide accurate information about the property. Double-check the street address and city to avoid any confusion.
  • Do notify your landlord or property manager about your intention to move out in writing, even if it’s not required.
  • Don’t forget to sign and date the notice. An unsigned notice may not be considered valid.
  • Don’t leave out the proof of service section. This is crucial for demonstrating that the notice was delivered properly.
  • Don’t ignore your obligation to pay rent until the termination date. This is essential to avoid any negative consequences.
  • Don’t skip the initial inspection request. Being present can help clarify any potential deductions from your security deposit.

By following these guidelines, you can help ensure that your notice is processed correctly and that your rights are protected during the moving process.

Misconceptions

  • Misconception 1: A 90-Day Notice To Move Out automatically cancels the lease.

    This is not true. The notice informs tenants that their tenancy will end in 90 days, but it does not cancel their obligation to pay rent until the termination date. Rent is still due until the very last day of the lease.

  • Misconception 2: Tenants can ignore the notice if they don’t agree with it.

    Ignoring the notice is not a viable option. If tenants do not vacate the premises by the specified date, the landlord can initiate legal proceedings to recover possession. This could lead to eviction and other legal consequences.

  • Misconception 3: The landlord can evict a tenant immediately after the notice period ends.

    While the notice provides a timeline, landlords must follow legal procedures to evict a tenant. This includes filing a lawsuit if the tenant does not leave by the end of the 90 days. Eviction is not instantaneous and must adhere to local laws.

  • Misconception 4: Tenants are not entitled to an inspection of the unit before moving out.

    This is incorrect. Tenants have the right to request an initial inspection of their unit. They can be present during this inspection, which helps them understand any potential deductions from their security deposit.

  • Misconception 5: A 90-Day Notice To Move Out does not affect a tenant’s credit.

    This is misleading. If a lawsuit is filed against a tenant due to failure to vacate, it can negatively impact their credit score. It’s important for tenants to take the notice seriously to avoid potential financial repercussions.

Key takeaways

  • Understand the Notice Period: The 90-Day Notice To Move Out gives tenants a full three months to prepare for their move. This time frame is crucial for organizing your relocation.
  • Serve the Notice Properly: The notice must be delivered in specific ways, such as personal delivery, leaving it with someone at the residence, or mailing it. Proper service is essential for it to be valid.
  • Pay Attention to Rent Obligations: Even after receiving the notice, tenants are still responsible for paying rent until the termination date. Ignoring this could lead to financial complications.
  • Request an Initial Inspection: Tenants have the right to request an initial inspection of their unit, which can help identify any potential deductions from the security deposit.
  • Be Present at the Inspection: It’s beneficial to be present during the initial inspection. This allows you to discuss any concerns directly with the owner or agent.
  • Review Itemized Lists: After moving out, you will receive a final itemized list of any deductions from your security deposit. This may differ from the initial inspection list, so review it carefully.
  • Know the Consequences of Non-Compliance: Failing to vacate the premises can lead to legal action, which may negatively impact your credit. Understanding these consequences can help motivate timely action.