Content Overview
Guide to Writing 90 Day Notice To Move Out
Once you have the 90 Day Notice To Move Out form in hand, it’s important to fill it out accurately. This ensures that all necessary information is clearly communicated. After completing the form, it will be served to the tenant to officially notify them of the termination of their tenancy. Here are the steps to follow:
- Begin by entering the name of the tenant(s) in the space provided after "To:".
- Fill in the street address of the premises where the tenant resides.
- Specify the city where the property is located.
- Enter the zip code for the property address.
- Indicate the county where the property is situated.
- Clearly state the date on which the notice is being served.
- In the section labeled "Owner/Agent," write your name or the name of the individual serving the notice.
- In the "Proof of Service" section, choose the method of delivery:
- If delivered personally, write the date of delivery and the name of the occupant.
- If delivered to a person of suitable age, note the date and the name of that person.
- If mailed, indicate the date of mailing and the tenant's address.
- If posted, record the date of posting and the tenant's address.
- Sign and date the form at the bottom, confirming that the information is true and correct.
After completing these steps, ensure that you keep a copy of the form for your records. The next steps will involve serving the notice according to the chosen method, and preparing for any potential follow-up actions regarding the tenant's move-out process.
Document Breakdown
| Fact Name | Details |
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| Purpose of Notice | The 90-Day Notice To Move Out is used to inform tenants that their tenancy will be terminated after 90 days from the date of service. |
| Legal Basis | This notice is governed by California Civil Code Section 1946.1, which outlines the requirements for terminating a tenancy. |
| Tenant Obligations | Tenants are required to vacate the premises peacefully within the 90-day period and continue to pay rent until the termination date. |
| 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. |
| Consequences of Non-Compliance | If tenants do not vacate by the termination date, legal proceedings may be initiated, which can negatively impact their credit. |
FAQ
What is a 90-Day Notice to Move Out?
A 90-Day Notice to Move Out is a formal document that informs tenants that their rental agreement will end in 90 days. It serves as a notification for tenants to vacate the premises and surrender possession of the property. This notice is typically used by landlords or property owners in California.
Who can issue a 90-Day Notice to Move Out?
The notice can be issued by the property owner or their authorized agent. It is important that the person serving the notice has the legal authority to do so. This ensures that the process is valid and complies with local regulations.
How is the 90-Day Notice delivered?
The notice can be delivered in several ways:
- Personally handing it to the tenant.
- Delivering it to someone of suitable age and discretion at the tenant's residence or business.
- Mailing it via first-class mail to the tenant's address.
- Posting it in a conspicuous location on the property if personal service was not possible.
What happens if I do not move out by the deadline?
If you fail to vacate the property within the 90 days, the landlord may initiate legal proceedings against you. This could lead to an eviction lawsuit, which can negatively impact your credit score and rental history.
Do I still need to pay rent after receiving the notice?
Yes, receiving a 90-Day Notice does not cancel your obligation to pay rent until the termination date specified in the notice. You are still responsible for any rent due during this period.
Can I request an inspection of my unit before moving out?
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 agent will provide you with an itemized list of any potential deductions from your security deposit.
What should I do if I want to be present during the inspection?
If you wish to be present during the initial inspection, you should notify the landlord or agent in advance. This way, arrangements can be made to accommodate your request.
What if I disagree with the deductions from my security deposit?
If you disagree with the deductions listed after your final inspection, you can discuss your concerns with the landlord. You are entitled to receive a final itemized list of deductions within 21 days after you vacate the unit.
Is there any legal advice included with the 90-Day Notice?
No, the 90-Day Notice is a standard form provided as a courtesy and does not constitute legal advice. If you have specific legal questions or concerns, it is advisable to consult with a qualified attorney.
What should I do if I have more questions about the notice?
If you have further questions about the 90-Day Notice or the moving process, consider reaching out to your landlord or property management. They can provide clarification and guidance tailored to your situation.
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90 Day Notice To Move Out Example
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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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: |
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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 |
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Form provided as a courtesy by the Regional Human Rights/Fair Housing Commission and does not constitute legal advice. 4/2009