Free 90 Day Notice Form in PDF

Instructions on Writing 90 Day Notice

Once you've decided to proceed with the termination of a tenancy, it is crucial to ensure that your 90 Day Notice of Intention to Terminate Tenancy and Notice to Quit is filled out comprehensively and correctly. This document is a formal declaration of your intent to end the tenancy agreement with your tenant according to the stipulated legal process. It is the preliminary step before further legal actions can be taken, if necessary. Ensuring that all the details are accurately captured in the notice will help in making the transition as smooth as possible for both parties involved.

1. At the top of the form, directly below "90 DAY NOTICE OF INTENTION TO TERMINATE TENANCY AND NOTICE TO QUIT," fill in the tenant's full name(s) alongside any other occupants such as sub-tenants or unknown occupants currently residing at the property.
2. In the space provided after "TAKE NOTICE, that you are hereby required to quit, and deliver up to the undersigned the possession of the premises now held and occupied by you, being the premises known as," enter the full address of the rental property, including street name, city, and zip code.
3. Specify the exact date when the 90 days' notice period will end. This is the date by which the tenants are required to vacate the premises.
4. Under the section that begins with "THIS IS INTENDED as a 90 day notice to quit, for the purpose of terminating your tenancy aforesaid pursuant to Civil Code Section 1954.535 for the following reasons:", list the specific reason(s) why the notice is being given, if applicable. It's vital to be as clear and detailed as possible to avoid any misunderstandings.
5. If you wish to offer the tenant the option to request a pre-move-out inspection, as mentioned in Civil Code Section 1950.5 (f), make sure the statement regarding their right to request an inspection is included and visible. Also, provide clear instructions on how they can contact you to arrange this inspection.
6. At the bottom of the form, the "DATED" line should have the current date, which is the date you are filling out and serving the notice.
7. Fill in your details as the "Person Authorized to Give Notice," including your name, address, and phone number. This ensures the tenant knows who to contact with questions or to arrange for the inspection.

Once the form is filled out, review it carefully to ensure all information is accurate and complete. It's important that the notice is served to the tenant in a manner that complies with state laws, as improper service can invalidate the notice. After delivery, keep a copy of the filled-out form for your records, documenting how and when the notice was served to the tenant. This documentation could be crucial in any subsequent legal proceedings.

What is a 90 Day Notice form?

A 90 Day Notice form is a document that is used by landlords to inform tenants, sub-tenants, or unknown occupants that they are required to vacate the premises they currently occupy. The notice specifies that the tenancy will be terminated 90 days after the tenant receives the notice. This form is typically used in accordance with Civil Code Section 1954.535 to officially terminate a tenancy for specified reasons.

When should a 90 Day Notice be used?

This notice should be used when a landlord intends to terminate a tenancy or rental agreement and requires the tenant to move out of the rental property. It must be served at least 90 days before the tenant is expected to vacate the premises. This ensures compliance with specific legal requirements and provides the tenant with adequate time to find alternative accommodation.

What information is typically included in a 90 Day Notice?

A 90 Day Notice usually includes the name of the tenant(s) and any other occupants, the address of the premises to be vacated, the date by which the premises must be vacated, and a statement indicating that the notice serves the purpose of terminating the tenancy. It also includes contact information for the person authorized to give the notice, alongside the legal basis for the notice under Civil Code Section 1954.535.

Can a tenant dispute a 90 Day Notice?

Yes, a tenant has the right to dispute a 90 Day Notice if they believe it has been issued without just cause or in violation of legal procedures. Disputing a notice typically involves seeking legal advice and possibly challenging the notice in court. Tenants may also negotiate with the landlord for an extension or withdrawal of the notice in certain circumstances.

What rights do tenants have after receiving a 90 Day Notice?

Upon receiving a 90 Day Notice, tenants are entitled to certain rights, including the right to a pre-move out inspection, as outlined in Civil Code Section 1950.5 (f). This allows tenants to request an inspection of the rental to identify damages or repairs that might affect their security deposit. Tenants have the right to be present during this inspection, which should occur no earlier than two weeks before the tenancy ends.

How is a 90 Day Notice delivered to tenants?

Legally, the notice must be delivered in a manner that ensures the tenant receives it. This can include personal delivery, delivery by mail, or posting the notice on the door of the rental property while also mailing a copy. The method of delivery is crucial as it affects the start of the 90-day notice period.

What happens if a tenant does not vacate after 90 days?

If a tenant fails to vacate the premises within the 90-day period, the landlord may then initiate legal proceedings to evict the tenant. This process involves filing an eviction lawsuit in court, and the tenant will be given an opportunity to present their case. If the court rules in favor of the landlord, the tenant may be forcibly removed by law enforcement.

Are there exceptions to the 90 Day Notice requirement?

Yes, there are exceptions. Certain situations, such as breach of lease terms by the tenant, illegal activities, or emergency situations, may allow a landlord to issue a notice with a shorter time frame. It's essential to consult legal guidelines or a professional to understand the specific circumstances under which different notices may be issued.

Filling out the 90 Day Notice of Intention to Terminate Tenancy and Notice to Quit requires careful attention to detail. One common mistake is not properly identifying all tenants, sub-tenants, or unknown occupants in possession of the property. The notice should address each individual living in the property to ensure that all parties are accurately informed of the termination. Without doing so, the notice may not be considered legally sufficient, potentially leading to disputes or delays in the termination process.

Another error often encountered is inaccurately describing the premises to be vacated. The form requires the premises to be clearly known and specified, as any ambiguity can cause confusion about which property the notice pertains to. Providing a detailed address, and if applicable, a unit number ensures that all parties understand which premises must be vacated. This level of clarity is crucial for the enforceability of the notice.

Failure to specify the date when the notice is served can also lead to legal complications. The 90-day countdown to vacate the premises starts from the date of service. If this date is not clearly stated on the form, determining the exact day by which the tenant must leave can become contentious. A clearly stated service date helps prevent discrepancies regarding the timeline for termination.

Many individuals overlook the tenant's right to request an inspection of the rental, as mentioned in the notice. It is important to emphasize this right to the tenant by providing clear instructions on how to request an inspection. This transparency not only complies with the legal requirements but also fosters a cooperative end to the tenancy. Ignoring this step can lead to misunderstandings and potentially affect the return of the tenant’s security deposit.

Last but not least, the notice must be signed and dated by the person authorized to give notice, as this legitimizes the document. Skipping this simple yet crucial step can invalidate the notice. Including the name, address, and contact number of the authorized person offers a clear line of communication, further supporting the termination process’s integrity and fairness.

When a landlord or property manager serves a 90 Day Notice of Intention to Terminate Tenancy and Notice to Quit, it often initiates a series of steps that may require additional forms and documents. Beyond the initial notice, the process of terminating a tenancy is structured and regulated by law to protect the rights of both landlords and tenants. Here are some key documents often used alongside the 90 Day Notice:

• Lease Agreement: The original contract between the landlord and tenant. It outlines the terms and conditions of the tenancy, including obligations and rights of both parties. This document is crucial for reference and verification of terms that might be relevant upon ending the lease.
• Rent Ledger: A history of the tenant's rent payments. This document is useful for demonstrating the tenant's payment history and identifying any outstanding debts.
• Record of Communication: A log or compilation of all communications between the landlord and tenant. This might include emails, texts, and notes regarding phone or in-person conversations, providing a history of interactions and attempts to resolve any issues.
• Property Inspection Forms: Document detailing the condition of the property at various points in time, including at move-in and during any requested inspections prior to move-out. It's critical for assessing any changes or damages that occurred during the tenancy.
• Security Deposit Itemization: A detailed account of the deductions from the security deposit, if any. This includes costs for repairs, unpaid rent, or other financial obligations owed by the tenant under the lease agreement.
• Eviction Forms (if applicable): If a tenant fails to comply with the 90 Day Notice to Quit, the landlord may need to file for eviction. The specific forms vary by jurisdiction but generally include a complaint or petition filed with a local court.
• Change of Address Form: Although not directly related to the termination of tenancy, it's often helpful for both parties if the tenant provides a forwarding address for the return of the security deposit or any future communications.

The use of these documents, in addition to the 90 Day Notice, helps ensure that the process of ending a tenancy is carried out with a clear record and adherence to legal requirements. This thorough approach benefits both landlords and tenants by providing structure and transparency to what can otherwise be a challenging process.

The "30-Day Notice to Vacate" is a document similar to the "90-Day Notice of Intention to Terminate Tenancy and Notice to Quit", albeit with a shorter timeframe. Both forms serve to inform tenants of the landlord's intent to reclaim possession of the property, but the "30-Day Notice to Vacate" is used in circumstances where the required notice period is one month. This difference in notice periods often depends on the duration of the tenancy or specific state laws. Like the 90-day notice, this document also terminates any existing agreements between the landlord and tenant regarding the premises in question.

The "Eviction Notice" shares a primary purpose with the 90-Day Notice, which is to initiate the process of removing tenants from a property. However, eviction notices vary significantly in the required notice period and can be given for several reasons, including non-payment of rent, violation of lease terms, or illegal activity. While the "90-Day Notice" explicitly provides a relatively long period for tenants to prepare for their departure, eviction notices can sometimes demand vacating the property in a much shorter timeframe.

Another related document is the "Lease Termination Letter" from a landlord to a tenant. This document is used to formally announce the termination of a lease agreement before its original end date. Similar to the 90-day notice, a lease termination letter must include the date by which the tenant must vacate the premises. The reasons for lease termination can vary, including tenant breaches or the landlord's decision not to renew the agreement. The critical similarity lies in the intent to inform tenants of the need to leave the property by a specific date.

The "Notice of Rent Increase" differs in purpose from the "90-Day Notice to Quit" as it informs tenants of an upcoming rent increase rather than termination of tenancy. However, it is similar in that it must be provided to tenants within a specific timeframe, usually 30 to 60 days before the increase takes effect, depending on local laws. This timeframe allows tenants to decide whether to accept the new rent amount and continue their tenancy or to vacate the premises. In cases where the rent increase is significantly high, it can indirectly serve as a catalyst for ending the tenancy, not unlike the more direct approach of a notice to quit.

When filling out a 90 Day Notice form, certain steps should be carefully followed to ensure the legality and effectiveness of the notice. Below are several do's and don'ts that landlords and property managers should keep in mind:

• Do ensure that all tenant names are correctly spelled and fully listed. The notice needs to identify every tenant, sub-tenant, or unknown occupant being asked to leave the premises.
• Do not guess on details. Verify the correct legal description of the property and any other pertinent information such as the lease dates and specifics of the tenancy agreement.
• Do reference the specific legal statute (Civil Code Section 1954.535) that authorizes the issuance of the 90-Day Notice to ensure the notice is grounded in the appropriate legal context.
• Do not forget to allow the tenant the right to request an inspection of the rental property before moving out, as stipulated by Civil Code Section 1950.5 (f). This should be clearly stated in the notice to comply with the law.
• Do provide clear instructions on how the tenant can request the initial inspection, including contact information for the Owner/Agent responsible for the property.
• Do not leave out the date the notice is served on the tenant(s), as it is critical to establish the beginning of the 90-day period.
• Do ensure the notice is signed by the person authorized to give notice. The signature verifies the authority and intent to terminate the tenancy.
• Do not deliver the notice in a manner that is not supported by local laws. Familiarize yourself with the acceptable methods of service to ensure the tenant legally receives the notice.
• Do keep a copy of the notice for your records. Documenting your interaction with the tenant might be useful if there is a dispute or if legal action becomes necessary.

Adhering to these recommendations can facilitate a smoother transition for both landlords and tenants during the termination process by ensuring that all legal obligations are met and reducing potential misunderstandings.

When it comes to understanding the 90 Day Notice form, a few misconceptions frequently arise. It's key to clear up these misunderstandings to ensure both landlords and tenants navigate the termination process as smoothly as possible.

• It Can Be Used for Any Type of Eviction: The 90 Day Notice form is specifically designed for use under certain circumstances, such as the end of a tenancy at will or in accordance with specific legal requirements, not for all eviction scenarios.
• A Landlord Can Serve It for Any Reason: While landlords can serve a 90 Day Notice to terminate tenancy, they must do so in accordance with the legal reasons outlined in Civil Code Section 1954.535. Arbitrary reasons not covered by the code could lead to legal challenges.
• Tenants Can Ignore It without Consequences: Upon receiving a 90 Day Notice, tenants should take it seriously. Ignoring the notice does not prevent the termination process and could lead to eviction proceedings.
• The Notice Period Can Be Shortened at Will: The notice provides a 90-day period deliberately, allowing tenants sufficient time to find alternative accommodations. This period cannot be arbitrarily shortened by the landlord.
• Tenants Cannot Contest the Notice: Tenants have the right to seek legal advice and, if applicable, contest the notice if they believe it has been served improperly or without just cause.
• Service Methods Are Flexible: The service of the 90 Day Notice must follow specific legal procedures to be considered valid. Simply handing it to a tenant or leaving it at the door may not meet these requirements.
• It Automatically Includes an Eviction Notice: Serving a 90 Day Notice to quit does not equate to filing for eviction. If a tenant does not leave after 90 days, the landlord must then take further legal steps to formally evict the tenant.
• The Landlord Does Not Need to Offer a Pre-Move-Out Inspection: Contrary to this belief, the notice explicitly states that tenants have the right to request an inspection of their rental no earlier than two weeks before the tenancy ends, as part of the process to ensure the return of their security deposit under Civil Code Section 1950.5 (f).

Understanding these nuances is crucial for both tenants and landlords to manage the termination of a tenancy with clarity and awareness of their rights and responsibilities.

When handling a 90 Day Notice form, it is crucial to understand both its purpose and the correct way to fill it out and serve it. Here are key takeaways regarding this form:

• Understand the purpose: The 90 Day Notice of Intention to Terminate Tenancy and Notice to Quit serves as a formal communication from a landlord to a tenant, indicating the landlord's intention to end the tenancy. It's used in specific circumstances outlined under Civil Code Section 1954.535.
• Accurate information is critical: When completing the form, ensure all details are accurate and clearly written, including the tenant's name, the property address, and the date by which the tenant must vacate the premises. Mistakes or omissions could invalidate the notice.
• Timely delivery matters: The notice must be served on the tenant 90 days before the landlord wishes to terminate the tenancy. This timeline is strict, and late delivery will extend the tenant's right to occupy the premises.
• Right to inspection: The form also informs the tenant of their right, under Civil Code Section 1950.5 (f), to request a property inspection before vacating. This inspection must be scheduled no earlier than two weeks before the end of tenancy, and the tenant has the right to be present.

Properly utilizing the 90 Day Notice form requires attention to detail, an understanding of tenant rights, and adherence to legal timelines. Landlords should carefully prepare this notice, ensuring all information is correct and that it is served well in advance of the desired termination date.