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The 90-Day Notice to Move Out form serves as a critical document for landlords and tenants in California, establishing a formal communication regarding the termination of a tenancy. This notice informs tenants that they must vacate the premises within 90 days of receiving the notice, thereby providing them with a clear timeline to prepare for their move. Importantly, the form outlines the requirement for tenants to surrender possession of the property peacefully; failure to do so may lead to legal action for recovery of the premises, as well as potential damages and court costs. Tenants are also reminded of their ongoing obligation to pay rent until the termination date, emphasizing that their financial responsibilities do not cease with the notice. Additionally, the form grants tenants the right to request an initial inspection of their unit, allowing them to be present during this assessment, which typically occurs two weeks prior to the move-out date. This inspection serves to inform tenants about any potential deductions from their security deposit due to necessary repairs or cleaning. The form also details the methods of service, ensuring that tenants receive the notice through appropriate channels, whether in person, by mail, or by posting. Overall, the 90-Day Notice to Move Out form encapsulates essential rights and responsibilities for both parties, facilitating a smoother transition during the process of ending a tenancy.

Common mistakes

  1. Incomplete Address Information: Failing to provide the full street address, city, zip code, and county can lead to confusion and potential legal issues.

  2. Incorrect Tenant Names: Not listing all tenants or using incorrect names can invalidate the notice. Ensure that all individuals in possession of the premises are named.

  3. Missing Signature: Forgetting to sign the notice is a common oversight. The notice must be signed by the owner or agent to be valid.

  4. Failure to Provide Proper Notice Period: Not allowing a full 90 days before the termination date can lead to disputes. Ensure that the notice is served well in advance.

  5. Not Including Proof of Service: Omitting the proof of service section can complicate matters. Document how and when the notice was served to avoid potential challenges.

  6. Ignoring Initial Inspection Rights: Tenants have the right to request an initial inspection. Not informing them about this can lead to misunderstandings regarding security deposit deductions.

  7. Failing to Specify Delivery Method: Not clearly stating how the notice was delivered (personal service, mail, or posting) can create confusion. Be explicit about the method used.

  8. Not Keeping a Copy: Forgetting to retain a copy of the notice for your records can be problematic. Always keep a copy for your files.

  9. Neglecting to Follow Local Laws: Different jurisdictions may have specific requirements for notice forms. Not adhering to these can invalidate the notice.

Preview - 90 Day Notice To Move Out Form

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

Documents used along the form

The process of moving out can involve several important documents that help ensure a smooth transition for both tenants and landlords. Alongside the 90-Day Notice to Move Out form, various other forms and documents may be required or beneficial. Below is a list of commonly used documents in this context.

  • Lease Agreement: This is the original contract between the landlord and tenant, outlining the terms of the rental arrangement, including duration, rent amount, and responsibilities of both parties.
  • Move-Out Inspection Checklist: This document is used to record the condition of the property before the tenant vacates. It helps identify any damages or issues that may affect the return of the security deposit.
  • Security Deposit Return Form: After moving out, tenants may need to fill out this form to formally request the return of their security deposit, detailing their forwarding address and any deductions they dispute.
  • Initial Inspection Request: Tenants can submit this request to the landlord to schedule an initial inspection of the unit, allowing them to address any potential issues before the final move-out.
  • Trailer Bill of Sale Form: This document is essential for recording the transfer of ownership of a trailer, outlining important details like purchase price and identification of the parties involved. For more information, visit https://autobillofsaleform.com/trailer-bill-of-sale-form/.
  • Final Walk-Through Agreement: This document is signed by both parties during the final walk-through of the property, confirming the condition of the unit and any agreements regarding repairs or cleaning.
  • Notice of Address Change: Tenants should notify relevant parties, including the post office and utility companies, of their new address to ensure the smooth transfer of mail and services.
  • Tenant's Rights Information: This document outlines the rights and responsibilities of tenants in California, providing guidance on what to expect during the move-out process and how to handle disputes.

Being aware of these documents can help tenants navigate the moving-out process more effectively. Each form serves a specific purpose and contributes to a clear understanding between landlords and tenants, ultimately promoting a positive experience for both parties.

Similar forms

The 30-Day Notice to Quit is a document that serves a similar purpose to the 90-Day Notice to Move Out. It is typically used when a landlord wishes to terminate a month-to-month lease agreement. This notice informs the tenant that they have 30 days to vacate the premises. While the time frames differ, both notices require tenants to leave the property and outline the consequences of failing to do so, such as potential legal action.

The 60-Day Notice to Vacate is another form that parallels the 90-Day Notice. This document is commonly used in situations where a landlord seeks to end a tenancy that has lasted longer than a month but less than a year. Like the 90-Day Notice, it stipulates a specific time frame for the tenant to vacate and emphasizes the importance of compliance to avoid legal repercussions.

The Lease Termination Letter is a broader document that can be issued by either the landlord or tenant. It signifies the intention to end a lease agreement, regardless of the lease duration. This letter may include a variety of terms and conditions for moving out, similar to the 90-Day Notice, but it is often more flexible and can be negotiated between the parties involved.

A Notice of Non-Renewal is issued by a landlord to inform a tenant that their lease will not be renewed at the end of its term. This document serves a similar function to the 90-Day Notice by notifying the tenant that they must vacate the property. However, it is generally used when the lease is set to expire rather than terminating an ongoing tenancy.

The Eviction Notice, or Unlawful Detainer Notice, is a more serious document that indicates a landlord's intent to evict a tenant for various reasons, such as non-payment of rent or lease violations. While the 90-Day Notice is a preliminary step in the termination process, an Eviction Notice is often the final step in a legal proceeding to remove a tenant from a property.

The Move-Out Notice is a document that tenants may provide to their landlords to formally notify them of their intention to vacate the premises. While the 90-Day Notice is initiated by the landlord, the Move-Out Notice empowers tenants to take control of their moving timeline. Both documents share the goal of ensuring a smooth transition out of a rental property.

The Final Inspection Notice is a document related to the move-out process. It notifies tenants of their right to an inspection before they vacate. Similar to the 90-Day Notice, this document emphasizes the importance of understanding potential deductions from the security deposit, ensuring that tenants are informed about their rights and responsibilities during the moving process.

For those considering purchasing a mobile home, it is essential to familiarize yourself with the Mobile Home Bill of Sale, which serves as a key document in the ownership transfer process. This form not only captures crucial transaction details but also safeguards the interests of both buyer and seller, facilitating a legally compliant transfer in Texas.

The Rent Increase Notice can also be considered similar, as it is a formal communication from a landlord to a tenant regarding changes in rental terms. If a tenant does not agree to the new terms, they may choose to vacate the property. Both notices require tenants to respond within a specified time frame, and they can lead to the end of a tenancy if the tenant decides not to accept the new terms.

The Security Deposit Return Notice is a document that outlines the conditions under which a tenant can expect to receive their security deposit back after moving out. While this notice is not directly related to the termination of tenancy, it is closely tied to the move-out process and serves to inform tenants of their rights regarding their deposit, similar to the information provided in the 90-Day Notice.

Lastly, the Notice of Lease Violation can be seen as a related document. It alerts tenants to specific breaches of the lease agreement, which may lead to termination of the tenancy if not addressed. While the 90-Day Notice is a final step in the termination process, a Notice of Lease Violation serves as an early warning, giving tenants the opportunity to correct their behavior before facing eviction.

Dos and Don'ts

Filling out the 90 Day Notice To Move Out form can seem daunting, but following some straightforward guidelines can make the process smoother. Here’s a list of things to do and avoid when completing this important document.

  • Do double-check the accuracy of your personal information, including your name and address.
  • Do ensure that the notice is dated correctly to avoid any confusion about the timeline.
  • Do clearly state your intention to vacate the premises in a concise manner.
  • Do request an initial inspection of your unit if you wish to understand potential deductions from your security deposit.
  • Don’t forget to provide the correct address of the premises to avoid any legal complications.
  • Don’t use vague language; be specific about your move-out date to ensure clarity.

By adhering to these guidelines, you can navigate the process with confidence. Remember, clear communication is key to a smooth transition.

Key takeaways

When using the 90-Day Notice to Move Out form, consider the following key takeaways:

  • The form must be served to all individuals in possession of the premises.
  • It provides a 90-day notice period before the termination of tenancy takes effect.
  • Tenants are required to vacate the premises peacefully within the notice period.
  • Failure to vacate may result in legal proceedings for possession and damages.
  • Legal actions can negatively impact a tenant's credit score.
  • Tenants remain responsible for paying rent until the termination date.
  • Tenants can request an initial inspection of the unit.
  • The initial inspection can occur no earlier than two weeks before the termination date.
  • An itemized list of potential deductions from the security deposit will be provided during the inspection.
  • A final itemized list of deductions will be sent within 21 days after the tenant vacates.

It is advisable to notify the owner or agent if you wish to request the initial inspection and indicate your preference to be present during it.

How to Use 90 Day Notice To Move Out

Completing the 90 Day Notice To Move Out form is a straightforward process. After filling out the form, it is important to ensure that it is delivered properly to all relevant parties. This document serves as a formal notification regarding the termination of tenancy, and following the correct procedures will help protect your rights.

  1. Begin by filling in the date at the top of the form.
  2. In the section labeled "To:", write the names of all individuals currently residing at the premises.
  3. Provide the full street address of the property, including the city, zip code, and county.
  4. Clearly state that you are notifying the tenants that their tenancy will be terminated in 90 days.
  5. Indicate the owner's or agent's name in the designated area.
  6. In the "Proof of Service" section, select the appropriate method of service (personal delivery, delivery to a suitable person, mailing, or posting). Fill in the corresponding details for the chosen method.
  7. Sign and date the form at the bottom to validate it.

Once the form is completed, ensure that it is delivered according to the method you selected. Keep a copy for your records. This will help you maintain a clear timeline of the notice and any subsequent actions taken.