Get 90 Day Notice To Move Out Form

Get 90 Day Notice To Move Out Form

The 90-Day Notice to Move Out is an official document used by landlords to inform tenants that their tenancy will end in ninety days. This notice outlines the requirement for tenants to vacate the premises peacefully and provides important information regarding their rights and responsibilities during this period. Understanding this form is crucial for both parties to ensure a smooth transition, so be sure to fill out the form by clicking the button below.

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Moving out of a rental property can be a daunting task, especially when faced with the complexities of legal notices. One such notice is the 90-Day Notice to Move Out, which serves as a formal communication from a landlord to tenants, signaling the termination of their tenancy. This notice provides tenants with a clear timeline, allowing them 90 days to vacate the premises. It’s essential to understand that this notice not only outlines the requirement to leave the property but also emphasizes the importance of doing so peacefully to avoid legal repercussions. Failure to comply may lead to court proceedings, which could negatively impact a tenant's credit score. Additionally, the notice reminds tenants of their obligation to pay rent until the termination date. Tenants have rights as well; they can request an initial inspection of their unit, giving them the opportunity to address any potential deductions from their security deposit. This initial inspection must occur no earlier than two weeks before the move-out date, and tenants are encouraged to be present during this inspection to discuss any repairs or cleaning that may be needed. Understanding the nuances of the 90-Day Notice to Move Out is crucial for tenants to navigate the transition smoothly and protect their rights.

90 Day Notice To Move Out Preview

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 Data

Fact Name Description
Notice Period The 90-Day Notice To Move Out form requires tenants to vacate the premises within 90 days of receiving the notice.
Legal Consequences If tenants fail to vacate, landlords may initiate legal proceedings to recover possession, damages, and costs.
Initial Inspection Rights Tenants have the right to request an initial inspection of the unit, which must occur no earlier than two weeks before the termination date.
Security Deposit Deductions During the initial inspection, tenants will receive an itemized list of potential deductions from their security deposit.
Governing Law This form is governed by California law, specifically under the California Civil Code Section 1946.1.

How to Use 90 Day Notice To Move Out

Filling out the 90 Day Notice To Move Out form is a straightforward process. This form serves as a formal notification for tenants, indicating the end of their tenancy. After completing the form, it must be served to the tenant in accordance with local laws. Follow these steps carefully to ensure accuracy and compliance.

  1. Fill in the Tenant's Information: In the first blank, write the name of the tenant(s) who will receive the notice.
  2. Provide the Property Address: Enter the complete street address of the rental property, including the city, zip code, and county.
  3. State the Date: Write the current date in the designated space to indicate when the notice is being served.
  4. Owner/Agent Information: Include the name of the owner or agent who is issuing the notice.
  5. Proof of Service: Indicate how the notice was delivered. You can choose from personal delivery, delivery to a suitable person, mailing, or posting. Fill in the relevant dates and details for the method used.
  6. Signature: Sign the form to certify that the information provided is accurate. Include the date of your signature.

Once the form is completed, it needs to be served to the tenant following the method you selected. Ensure that you keep a copy for your records, as it may be necessary for future reference. Following these steps will help ensure that the notice is valid and properly executed.

Key Facts about 90 Day Notice To Move Out

What is a 90 Day Notice To Move Out form?

The 90 Day Notice To Move Out form is a legal document that landlords in California use to inform tenants that they must vacate the rental property within 90 days. This notice serves as a formal termination of the tenancy and outlines the tenant's obligations during this period.

Who needs to provide a 90 Day Notice To Move Out?

Typically, landlords or property owners must provide this notice to tenants. It's important for landlords to follow the legal requirements when terminating a tenancy to ensure that the process is valid and enforceable.

How is the 90 Day Notice To Move Out delivered?

The notice can be delivered in several ways: personally to the tenant, to someone of suitable age at the tenant's residence, by mailing it to the tenant's address, or by posting it in a conspicuous place on the property. Proper delivery is crucial for the notice to be legally binding.

What happens if I don't move out by the deadline?

If you fail to vacate the premises by the end of the 90 days, the landlord may initiate legal proceedings to regain possession of the property. This could lead to an eviction process, which can have lasting effects on your credit history.

Do I still have to pay rent during the 90 days?

Yes, even after receiving the notice, you are still obligated to pay rent until the termination date. Failing to pay rent could result in additional legal issues and affect your credit score.

Can I request an initial inspection of my unit?

Yes, you have the right to request an initial inspection of your rental unit. This inspection can help identify any potential deductions from your security deposit. You should notify your landlord if you wish to be present during this inspection.

What will happen during the initial inspection?

During the initial inspection, the landlord or their agent will provide you with an itemized list of any repairs or cleaning that may be necessary. This list is meant to inform you of possible deductions from your security deposit when you move out.

When will I receive the final itemized list after moving out?

You will receive a final itemized list of deductions from your security deposit within 21 days after you vacate the unit. This list may differ from the initial inspection list, so it's important to keep track of any conditions in the property.

What if I have questions about the notice?

If you have questions or concerns about the 90 Day Notice To Move Out, it's best to communicate directly with your landlord or property manager. They can provide clarification and guidance regarding your rights and responsibilities.

Is this notice a legal document?

Yes, the 90 Day Notice To Move Out is a legal document. It is important to understand that this notice is a formal communication that can have legal consequences if not followed. If you have any doubts, consider seeking legal advice.

Common mistakes

Filling out the 90-Day Notice To Move Out form can seem straightforward, but many people make common mistakes that can lead to complications. One frequent error is failing to include all necessary information. The form requires specific details such as the tenant's name, the address of the rental property, and the county. Omitting any of this information can invalidate the notice.

Another mistake is not properly serving the notice. The law requires that the notice be delivered in a specific manner. Some individuals may assume that sending an email or text message suffices, but this is not legally acceptable. The notice must be personally delivered, mailed, or posted in a conspicuous place on the property. Not adhering to these requirements can lead to disputes about whether the tenant was properly notified.

Many people also overlook the importance of the date. The notice must clearly state the date it was served and the date by which the tenant must vacate. If the dates are unclear or incorrect, it can create confusion and potentially delay the eviction process. Ensuring that these dates are accurate and easy to understand is crucial.

Additionally, some tenants forget to request an initial inspection of their unit. This step is important because it allows tenants to be aware of any potential deductions from their security deposit. If they do not request this inspection, they may miss the opportunity to address any issues before moving out, which could lead to unexpected charges.

Lastly, failing to keep a copy of the completed form is a common oversight. After filling out the notice, it's essential to retain a copy for personal records. This documentation can serve as proof of the notice in case any disputes arise later. Keeping thorough records can save time and stress down the line.

Documents used along the form

The process of moving out of a rental property involves several important documents. Each form serves a specific purpose, ensuring that both tenants and landlords are aware of their rights and responsibilities. Below is a list of forms often used in conjunction with the 90-Day Notice To Move Out.

  • Lease Agreement: This document outlines the terms of the rental arrangement, including rent amount, duration, and responsibilities of both parties. It serves as the foundation for the tenancy.
  • Move-Out Checklist: A checklist that helps tenants prepare for their departure. It typically includes tasks such as cleaning, repairs, and returning keys to ensure the property is in good condition.
  • Security Deposit Return Request: A formal request for the return of the security deposit. This document may outline any deductions for damages or unpaid rent, prompting landlords to provide an itemized list.
  • Initial Inspection Request: A request by the tenant to conduct an initial inspection of the unit before moving out. This allows tenants to address potential issues that could affect their security deposit.
  • Forwarding Address Form: A form where tenants provide their new address to ensure that any future correspondence, including the security deposit return, is sent to the correct location.
  • Notice of Abandonment: A document that a landlord may issue if they believe a tenant has abandoned the property. This notice serves as a formal declaration of the landlord's intent to reclaim the unit.
  • Eviction Notice: If a tenant fails to vacate after the 90-Day Notice, the landlord may need to issue an eviction notice. This document initiates legal proceedings to regain possession of the property.

Understanding these documents can help facilitate a smoother transition during the moving process. Properly managing each form can protect the rights of both tenants and landlords, ensuring a fair and efficient conclusion to the tenancy.

Similar forms

  • 30-Day Notice to Quit: Similar to the 90-Day Notice, this document informs tenants that they must vacate the premises. However, it typically provides a shorter notice period of 30 days, making it suitable for month-to-month tenancies or situations where the landlord requires a quicker turnover.
  • 60-Day Notice to Quit: This notice serves as a middle ground between the 30-Day and 90-Day notices. It is often used in situations where a landlord wants to terminate a longer-term lease but still allows for a reasonable time for tenants to find new housing.
  • Notice of Rent Increase: While this document does not terminate tenancy, it serves a similar purpose in informing tenants of changes to their rental agreement. It typically outlines the new rent amount and the effective date, allowing tenants time to adjust or make decisions about their living situation.
  • Lease Termination Agreement: This document is an agreement between the landlord and tenant to end a lease before its natural expiration. It outlines the terms of termination and is often used when both parties agree on the end date, similar to the 90-Day Notice in its purpose of concluding a tenancy.
  • Eviction Notice: An eviction notice, or unlawful detainer notice, is issued when a tenant has violated terms of the lease. While it may lead to immediate legal action, it serves a similar function of notifying the tenant that their right to occupy the property is being challenged.
  • Initial Inspection Notice: This notice informs tenants about their right to an initial inspection before moving out. It is similar in that it addresses the transition period of moving out, ensuring tenants are aware of potential deductions from their security deposit.

Dos and Don'ts

When filling out the 90-Day Notice To Move Out form, there are important steps to follow to ensure the process goes smoothly. Here are four things you should and shouldn't do:

  • Do ensure that all required information is filled out completely and accurately, including the address and names of all occupants.
  • Do keep a copy of the notice for your records after serving it to the tenant.
  • Don't forget to specify the date when the notice is served; this is crucial for the 90-day countdown.
  • Don't use vague language; be clear about the termination of tenancy and any obligations that remain.

Misconceptions

Understanding the 90-Day Notice To Move Out form can be challenging. Here are six common misconceptions:

  • It automatically ends the lease. Many believe that serving this notice ends the lease immediately. In reality, it gives tenants 90 days to vacate the property.
  • Tenants don’t have to pay rent during the notice period. Some assume they can stop paying rent once they receive the notice. However, tenants are still responsible for rent until the termination date.
  • All tenants must leave at the same time. People often think that if one tenant receives the notice, all tenants must leave together. This is not the case; individual tenants can have different agreements.
  • The notice can be ignored. Many tenants believe they can disregard the notice. Ignoring it can lead to legal actions for eviction.
  • Tenants cannot request an inspection. Some tenants think they cannot request an initial inspection of their unit. In fact, they have the right to request this and can be present during the inspection.
  • The initial inspection list is final. It's a common belief that the itemized list from the initial inspection is the final word on deductions from the security deposit. However, tenants will receive a different final list within 21 days after moving out.

Being informed about these misconceptions can help tenants navigate the moving process more smoothly.

Key takeaways

Filling out and using the 90-Day Notice To Move Out form requires careful attention to detail. Here are key takeaways to ensure a smooth process:

  • Understand the timeline: The notice gives tenants 90 days to vacate the premises. This period is crucial for planning your move.
  • Service of notice: Properly serve the notice to the tenant. This can be done personally, through a suitable person, or by posting it on the property.
  • Initial inspection rights: Tenants have the right to request an initial inspection. This must occur no earlier than two weeks before the move-out date.
  • Itemized list of deductions: During the initial inspection, landlords must provide an itemized list of potential deductions from the security deposit.
  • Final itemized list: After vacating, tenants will receive a final itemized list of deductions within 21 days.
  • Obligation to pay rent: Tenants must continue to pay rent until the termination date, even after receiving the notice.
  • Legal implications: Failing to vacate may lead to legal proceedings, which can negatively impact the tenant's credit.
  • Documentation: Ensure that all sections of the form are completed accurately, including proof of service, to avoid disputes.