Table of Contents
When a landlord needs to end a tenancy, the 90 Day Notice To Move Out form serves as a crucial tool in the process. This document notifies tenants that they must vacate the premises within 90 days, allowing sufficient time for them to make necessary arrangements. It outlines the responsibilities of both the landlord and the tenant, emphasizing that the tenant must peacefully surrender possession of the property by the specified date. If the tenant fails to comply, the landlord may initiate legal proceedings to regain possession, which could adversely affect the tenant's credit. The form also highlights the tenant's obligation to continue paying rent until the termination date. Additionally, tenants have the right to request an initial inspection of their unit, providing them an opportunity to address any potential deductions from their security deposit. This inspection must occur no earlier than two weeks before the end of the tenancy. The form includes sections for proof of service, ensuring that the notice is delivered properly, whether in person or through other acceptable methods. Understanding this notice is essential for both landlords and tenants to navigate the end of a rental agreement smoothly.
Document Specifics
| Fact Name | Description |
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| Purpose | The 90-Day Notice to Move Out form is used to inform tenants that their tenancy will be terminated in 90 days. It serves as an official notification to vacate the premises. |
| Governing Law | This notice is governed by California Civil Code Section 1946.1, which outlines the requirements for terminating a tenancy. |
| Inspection Rights | Tenants have the right to request an initial inspection of their unit. This inspection can take place no earlier than two weeks before the tenancy ends. |
| Consequences of Non-Compliance | If tenants fail to vacate by the specified date, legal action may be initiated against them. This could lead to eviction and may adversely impact their credit score. |
| Security Deposit | The notice does not eliminate the tenant's obligation to pay rent until the termination date. Additionally, deductions from the security deposit may occur based on the initial inspection findings. |
| Service Methods | The notice can be served in several ways: personal delivery, delivery to a suitable person at the residence, or by posting it on the property followed by mailing a copy. |
Similar forms
- 30-Day Notice to Quit: This document serves a similar purpose by informing tenants that they must vacate the premises, but it typically provides a shorter notice period. The 30-day notice is often used for month-to-month tenancies and can be issued for various reasons, including non-payment of rent or lease violations.
- 60-Day Notice to Vacate: Like the 90-Day Notice, this form informs tenants of the need to leave the rental property. However, it is often used in cases where the landlord seeks to end a month-to-month tenancy and provides a longer timeframe for tenants to relocate.
- Notice of Lease Violation: This document is issued when a tenant has violated specific terms of their lease agreement. While it does not terminate the tenancy outright, it informs the tenant of the violation and may lead to eviction if not resolved.
- Eviction Notice (Unlawful Detainer): This is a legal document that initiates the eviction process. It is similar in that it seeks to remove a tenant from the property, but it is typically issued after a tenant has failed to comply with earlier notices, such as a 30-day or 60-day notice.
- California DV-260 Form: This form is critical for individuals seeking protection through a restraining order. It ensures the confidentiality of sensitive information while allowing law enforcement to enforce the order. To begin the process of filling out the form and protecting yourself, visit California PDF Forms.
- Notice of Rent Increase: Although its primary function is to inform tenants of a rent hike, it can also serve as a precursor to a notice to terminate tenancy if the tenant chooses not to accept the new terms. It highlights the landlord's intention to alter the rental agreement.
- Notice of Intent to Enter: This document is used by landlords to inform tenants of their intention to enter the rental unit for inspections or repairs. While it does not terminate tenancy, it establishes the landlord's right to access the property, which can be relevant in disputes.
- Final Notice of Non-Payment: This document is issued when a tenant has failed to pay rent and serves as a last warning before legal action is taken. It is similar in nature to the 90-Day Notice in that it aims to prompt action from the tenant.
- Security Deposit Itemization Notice: While this document does not terminate a tenancy, it outlines the deductions that may be taken from a tenant's security deposit upon move-out. It is related to the 90-Day Notice in that both deal with the end of a tenancy and the responsibilities of the tenant.
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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CA |
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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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,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 |
Date |
Form provided as a courtesy by the Regional Human Rights/Fair Housing Commission and does not constitute legal advice. 4/2009
Understanding 90 Day Notice To Move Out
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 to inform tenants that their tenancy will end in 90 days. This notice gives tenants time to prepare for moving out and ensures that they understand their obligations during this period.
How does the 90-Day Notice affect my tenancy?
Once you receive the notice, your tenancy will officially terminate 90 days after it is served. During this time, you are expected to vacate the premises peacefully. If you do not leave by the deadline, the landlord may begin legal proceedings to recover possession of the property.
What happens if I don’t move out by the deadline?
If you fail to move out by the end of the 90 days, your landlord can take legal action against you. This may include filing an eviction lawsuit, which can negatively impact your credit score and make it harder for you to rent in the future.
Do I still have to pay rent during the notice period?
Yes, you are still responsible for paying rent until the termination date specified in the notice. Failing to pay rent during this period can also lead to legal consequences.
Can I request an inspection of my unit?
Absolutely. You have the right to request an initial inspection of your unit. This inspection can take place no earlier than two weeks before your tenancy ends. Being present during the inspection allows you to understand any potential deductions from your security deposit.
What should I expect during the initial inspection?
During the initial inspection, the landlord or their agent will provide you with an itemized list of repairs or cleaning that may affect your security deposit. This list may differ from the final list you receive after you move out, which will be provided within 21 days.
How do I request an initial inspection?
To request an initial inspection, simply notify your landlord or their agent. Make sure to specify whether you would like to be present during the inspection. It’s best to do this as soon as you receive the 90-Day Notice.
What if I don’t receive the 90-Day Notice in person?
The notice can be served in several ways, including personal delivery, delivery to someone of suitable age at your residence, or by posting it on the property. If you believe you did not receive it properly, you may want to discuss this with your landlord or seek advice on your options.
Is this notice legally required?
Yes, in California, landlords are required to provide a 90-Day Notice to terminate a tenancy under certain circumstances. This requirement helps ensure that tenants have adequate time to find new housing and move out without feeling rushed.
Dos and Don'ts
When filling out the 90 Day Notice To Move Out form, it is essential to follow specific guidelines to ensure the process goes smoothly. Here are ten important dos and don'ts:
- Do provide the correct address of the premises from which you are moving out.
- Do ensure all names of occupants are listed accurately.
- Do specify the date you are serving the notice.
- Do request an initial inspection of your unit in advance.
- Do keep a copy of the notice for your records.
- Don't forget to sign and date the form.
- Don't leave any fields blank, as this may delay the process.
- Don't ignore the requirement to pay rent until the termination date.
- Don't wait until the last minute to serve the notice.
- Don't assume the landlord will automatically schedule the inspection without your request.
By adhering to these guidelines, you can help ensure a smoother transition out of your rental property.
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