Blank 90 Day Notice PDF Template

1. What is a 90 Day Notice of Intention to Terminate Tenancy and Notice to Quit?

   This form is a legal document that a landlord sends to a tenant to inform them that their tenancy will be terminated and they are required to leave the property. This happens after 90 days from the date the notice is served. It applies to any existing agreements or tenancies for the property specified in the notice. This action is in accordance with Civil Code Section 1954.535.

2. Who can receive a 90 Day Notice?

   The notice can be directed to tenants, sub-tenants, or any unknown occupants possessing the property. It formally requests that the recipient(s) vacate and deliver possession of the premises back to the sender, who is typically the landlord or their authorized agent, within the 90-day period following the notice's service.

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

   Upon receiving a 90 Day Notice, tenants have the right, under Civil Code Section 1950.5 (f), to request an inspection of the rental property. This inspection allows tenants to be present and must occur no sooner than two weeks before the termination of tenancy. The purpose of this inspection is to identify if there are any repairs or cleaning that need to be done before moving out. It's an opportunity for tenants to ensure they meet the conditions of their lease or rental agreement regarding the property's condition, potentially affecting the return of any security deposit.

4. How is a 90 Day Notice legally served to the tenants?

   The specific procedures for serving a 90 Day Notice can vary by location, but generally, the notice must be delivered in a manner that ensures the tenant receives it. This could be through direct hand delivery to the tenant, leaving the notice with someone of a suitable age at the tenant's residence, or sending it via certified mail to ensure there is a record of delivery. It's important for landlords to follow the legal requirements for serving notices in their area to ensure that the notice is enforceable.

Completing the 90 Day Notice form is a crucial step in the process of ending a tenancy. Unfortunately, many individuals make errors that can lead to delays, confusion, or even legal complications. Here are nine common mistakes to avoid when filling out this form:

1. Not verifying the tenant's details: It's essential to double-check the tenant's name and any other occupants to ensure the notice is addressed correctly. Errors here can invalidate the notice.
2. Incorrect address: Failing to accurately state the address of the property concerned can lead to confusion or the notice being disregarded.
3. Omitting the notice period: The notice must clearly state that it provides a 90-day period for the tenant to leave the premises. Leaving this period vague or incorrect can render the notice ineffective.
4. Failing to mention the right to inspection: Tenants have a right to request an inspection two weeks prior to vacating. Neglecting to inform tenants of this right can lead to disputes.
5. Unclear termination reason: If applicable, the reason for tenancy termination must be precisely and clearly articulated to avoid any misunderstandings or legal challenges.
6. Not providing contact information: The notice must include the name, address, and phone number of the person authorized to give the notice. Excluding this information can lead to issues in communication.
7. Failure to date the notice: The notice must be dated to prove when the 90-day period begins. A missing date can cause disputes over the notice period.
8. Lack of signature: A signature from the person authorized to give notice lends validity to the document. A missing signature can invalidate the notice.
9. Ignoring format and delivery requirements: The law may require the notice to be delivered in a specific format (e.g., mailed, handed directly to the tenant) to be considered valid. Overlooking these details can mean the notice does not meet legal standards.

Mistakes made on the 90 Day Notice form can significantly impact the legitimacy and effectiveness of a notice to quit. Landlords and agents are strongly advised to review and comply with all legal requirements to ensure a smooth and uncontested termination of tenancy. Attention to detail and adherence to the correct procedure are paramount in this process.

When managing or concluding a tenancy, various legal documents complement the 90 Day Notice of Intention to Terminate Tenancy and Notice to Quit. These forms are essential in ensuring that both the landlord and tenant abide by the laws and regulations governing rental agreements and tenancy terminations. The following is a list of documents often used alongside the 90 Day Notice form to streamline the process and protect the rights and responsibilities of all parties involved.

• Rental Agreement or Lease: This is the original contract between the landlord and tenant outlining the terms of the rental, including duration, rent amount, and other conditions. It's referenced when issuing a 90 Day Notice to ensure the notice period aligns with the agreement's terms.
• Move-Out Inspection Checklist: Used during the final inspection of the property, this document records the condition of the premises at the time of the tenant's departure, facilitating the return of the security deposit.
• Security Deposit Return Letter: After the tenant moves out, this letter outlines the amount of the security deposit returned to them, including detailed explanations for any deductions made for repairs or cleaning.
• Rent Ledger: This document tracks all rental payments made by the tenant throughout their tenancy. It is useful for resolving any disputes over unpaid rent or fees.
• Eviction Notice (if applicable): If the tenant fails to comply with the 90 Day Notice, an Eviction Notice may be required to legally compel the tenant to leave the premises.
• Property Condition Report: Completed at the beginning and end of the tenancy, this report documents the property's condition, providing a basis for any claims against the security deposit.
• Tenant's Notice to Vacate: Should the tenant decide to leave the property before the 90 days are up, this form officially notifies the landlord of their intention to vacate the premises early.

Together, these documents provide a comprehensive framework for managing the end of a tenancy. They ensure clarity, fairness, and legal compliance throughout the process, making the transition smoother for both landlords and tenants. Whether the situation calls for the return of a security deposit, an inspection of the premises, or addressing unpaid rent, having these forms on hand is crucial for resolving any issues efficiently and amicably.

• 3 Day Notice to Pay Rent or Quit: This document is quite similar to the 90 Day Notice of Intention to Terminate Tenancy and Notice to Quit, as both serve as preliminary warnings to tenants regarding the termination of their tenancy under specific conditions. While the 90 Day Notice provides a longer period and is often used for ending a tenancy without cause or for specific reasons outlined by law, the 3 Day Notice is specifically aimed at situations where rent has not been paid on time. In essence, both documents are designed to notify tenants that they must rectify a situation (vacate the premises or pay owed rent) within a specified timeframe to avoid further legal action.

• 30 Day Notice to Vacate or Terminate Tenancy: This document shares its core purpose with the 90 Day Notice, which is to inform tenants of the landlord's intention to end the tenancy. The primary difference lies in the notice period and the circumstances under which each may be used. The 30 Day Notice is often used for month-to-month tenancies or in jurisdictions where a shorter notice period is allowed under certain conditions. Like the 90 Day Notice, this notice serves as a formal declaration from the landlord or property manager that the tenant must leave the property by a specified date.

• Eviction Notice: The Eviction Notice is closely related to the 90 Day Notice of Intention to Terminate Tenancy and Notice to Quit in its function, which is to commence the process of legally removing a tenant from a property. However, an eviction notice usually follows the failure to comply with prior notices (such as a 90 Day Notice to Quit) and is a more definitive step towards regaining possession of the property. It entails a legal process that, if unresolved, results in court proceedings. Eviction notices are supported by a detailed account of the reasons for eviction, mirroring the requirement in the 90 Day Notice to outline the specific rationale for termination.

• Lease Termination Agreement: Similar to the 90 Day Notice of Intention to Terminate Tenancy and Notice to Quit, a Lease Termination Agreement is a document that signals the end of a tenancy agreement. However, unlike the unilateral nature of the 90 Day Notice, which is initiated by the landlord, a lease termination agreement is usually a mutual agreement between both the tenant and the landlord to end the lease before its originally scheduled expiry date. This agreement lays out the terms under which both parties agree to terminate the lease, possibly including any penalties, remaining rent obligations, or other conditions agreed upon.

Filling out a 90 Day Notice form is a critical step in the process of terminating tenancy. To ensure a smooth procedure, here are six dos and don'ts to guide you:

• Review the entire form carefully before filling it out to ensure you understand all the requirements.
• Provide accurate information regarding the property address, tenant names, and the date the notice is served.
• Include a clear reason for termination in alignment with Civil Code Section 1954.535, if applicable.
• Inform the tenant about their right under Civil Code Section 1950.5 (f) to request an inspection before vacating.
• Sign and date the notice as the 'Person Authorized to Give Notice' to validate the document.
• Keep a copy of the completed form for your records.

• Leave blanks in the form. If a section does not apply, write “N/A” (Not Applicable) instead of leaving it empty.
• Use informal language or abbreviations that might confuse the tenant or undermine the seriousness of the document.
• Forget to specify the exact date when the tenancy will end 90 days after the notice is given.
• Ignore state and local laws governing tenant notice requirements that might require additional steps or documentation.
• Neglect to offer a method for the tenant to contact you for the pre-move-out inspection.
• Assume the tenant knows their rights or responsibilities. Clearly outline any actions they must take upon receiving the notice.

Many people have misconceptions about the 90 Day Notice form, which is used to inform tenants that their tenancy will be terminated. Understanding the facts can help both landlords and tenants navigate the process more effectively. Here are ten common misconceptions debunked:

• It's an eviction notice: People often mistake the 90 Day Notice for an eviction notice. While it does inform tenants that their lease will not be renewed or that they need to vacate, it is not an eviction order. It simply starts the process that could lead to eviction if the tenant does not comply.
• Any reason is valid for a 90 Day Notice: While landlords have broad discretion, they must adhere to the law. The notice cannot be served as a form of retaliation or discrimination.
• It can be given verbally: This notice must be provided in writing. A verbal warning does not meet legal requirements and cannot be used to start the eviction process.
• It allows the landlord to change the locks immediately: Even after serving a 90 Day Notice, landlords cannot change locks, shut off utilities, or in any way forcibly remove the tenant without going through the proper legal procedures.
• Only the primary tenant needs to receive the notice: The notice must be served to all tenants, sub-tenants, or unknown occupants in possession, ensuring everyone is formally made aware.
• It's only for month-to-month tenancies: This notice can be used to terminate any rental agreement, including fixed-term leases, under specific circumstances outlined by law.
• The tenant cannot dispute it: Tenants can seek legal advice and may have grounds to contest the notice, especially if it's believed to be served unjustly or discriminately.
• It ends the tenancy immediately: The notice provides a 90-day window for tenants to make arrangements. The tenancy continues under the existing terms during this period.
• It doesn't require a reason: In many jurisdictions, especially where tenant protection laws are strong, landlords need to provide a valid reason for not renewing the tenancy.
• It's the final step in the eviction process: Serving this notice is typically one of the initial steps. If tenants do not comply by moving out, landlords may then need to file for an eviction with the court.

Understanding these key points about the 90 Day Notice can help landlords and tenants avoid unnecessary conflict and ensure that the process is handled fairly and within the bounds of the law.

Filling out and using the 90 Day Notice form is a step that landlords must handle with care to ensure the process of ending a tenancy complies with legal requirements. Here are four key takeaways to consider:

• Specific Time Frame: The 90 Day Notice is a legal document that informs tenants they must vacate the premises within 90 days from the date the notice is served. This timeline is crucial and must be adhered to, providing both parties adequate time for the transition.
• Clear Termination: This notice effectively ends any oral or written agreement regarding the tenancy on the specified date. It's important to effectively communicate that this notice serves as the formal termination of the tenancy to avoid any confusion or dispute.
• Legal Grounds for Termination: The notice references Civil Code Section 1954.535, indicating that there are specific legal grounds under which the tenancy is being terminated. It's implied that the termination complies with state law, reflecting the importance of understanding and citing relevant legal sections.
• Right to Inspection: Tenants have the right to request an initial inspection of the rental unit, which can occur no earlier than two weeks before the tenancy ends. This allows tenants to address potential issues that could affect their security deposit return, underscoring the importance of communication between landlords and tenants during the move-out process.

Properly filling out and serving the 90 Day Notice is vital for both landlords and tenants to understand their rights and responsibilities during the termination of tenancy. Ensuring that the process is carried out legally and respectfully helps prevent disputes and fosters a smoother transition for all parties involved.