Notice To Vacate California Template

Vacating Your Rental Property

If you have been considering vacating your current rental property, you will likely have to send a vacate letter to your landlord. You can use the sample notice to vacate letter template for reference to send a professional letter with all the necessary information.

Make sure to also go through your lease agreement to see what your landlord requires from you in the notice to vacate letter.

Go through our guides to start living your best life as a renter!

Team

Can A Notice To Vacate Be Withdrawn

Here are some recommendations tenants can follow should they receive a notice to vacate letter from their landlord but they still want to extend their lease:

• Notify the landlord as soon as possible of their intent.
• Provide notice to withdraw the notice to vacate.
• Come to an agreement with the landlord and put it in writing.

There may be a need to negotiate over the payment of any costs caused by this withdrawal. As long as both parties agree and everything is in writing, the landlord-tenant relationship may continue.

Types Of Eviction Notices

There are several types of eviction notices. They differ in length and usage. Although a 30-day notice is standard, there are others a landlord can choose. The lengths and usages are as follows:

In states that allow you to evict without cause, use the 30 or 60-day notice, depending on your lease type.

Don’t Miss: Jersey Shore Family Vacation Season 3 Hulu

California Lease Termination Letter 60 Day Notice

A 60-day notice for lease termination isnt an eviction notice. Just like a 30-day notice, it does inform the tenant that their lease will not be renewed when it ends. This particular notice is used if the tenant has lived on the property for more than one year according to California Code of Civil Procedure § 1946.1.

Additional components include:

• The words Please take notice
• The date that the tenant must vacate the property
• Proof of service

When To Give Your Written Notice To Vacate

When you feel it is time to renew your lease or even move out of your apartment. Ensure you go through your lease agreement, which will guide you on what you are supposed to do under both circumstances. If you want to vacate your home, you must send a notice to vacate letter within the indicated time frame mentioned on your lease agreement. In most cases, a 60 days notice is needed. On the other hand, a few property managers and landlords might need a 30 to 90-day notice. Therefore, make sure you send your notice to vacate letter on time to avoid breaking your lease agreement.

You May Like: Oregon Coast Vacation Rentals For Large Groups

When To Avoid An Eviction Notice

There are circumstances where you cannot use an eviction notice. First, you can’t evict someone based on discrimination against a particular race, religion, or creed. Second, you can’t evict a tenant as a means of retaliation. If a tenant has angered you but has not broken the lease agreement or failed to pay rent, you are not allowed to evict them.

Some states have rent controlled apartments. Depending on your state, there are very specific rules for evicting rent control tenants. You should check the laws in your state before evicting a rent controlled tenant.

How Should I Provide My Notice To My Landlord

As weve said, its important to provide written notice. Some leases contain information regarding how you should send this notice.

If your lease does not stipulate how you should deliver the notice to your landlord, send both an electronic and paper copy. You may hand your landlord the physical copy or send it to them in the mail.

No matter how you send your notice, make sure you keep a copy for your records.

Recommended Reading: San Diego Union Vacation Hold

The Tenants Have No Lease Or The Lease Ended

In California, landlords in rent-controlled cities cannot terminate a tenancy without probable cause. But in all other areas, if the tenants stay in the property after the lease term has expired, the landlord may pursue an eviction process.

For your own California lease agreement, visit DoorLoop’s Forms Page to download a template along with many other forms.

Is A Notice To Vacate Letter The Same As An Eviction Notice

Confusingly, an eviction notice is sometimes called a notice to vacate. But generally, a notice to vacate letter is sent from a tenant to a landlord, whereas a landlord can send an eviction notice to a tenant if they violate the terms of the lease agreement.

A landlord can also send a no-cause notice to vacate letter to a tenant. This is not a credit-destroying eviction notice, though it can also be called a no-cause eviction notice. Instead, a no-cause notice is a notice of non-renewal. In other words, your landlord has decided not to offer you a new lease agreement. This is usually the case when a landlord plans to sell or renovate the property.

Recommended Reading: Pet Friendly Vacation Rentals Destin Fl

What If I Change My Mind About Moving

If you change your mind, you can reach back out to your landlord or property manager to see if you can stillrenew your lease. Just know that you dont have the right to renew your lease after youve sent your letter .

But thats no reason not to ask your landlord or property manager if your current apartment is still available to rent again. Most of the time, its easier and cheaper to keep a renter in place rather than find a new one. And many landlords are happy to keep a renter they have a good relationship with.

Eviction Information For California Landlords

Eviction notices must:

• Explain the reason the eviction is occurring
• Most occur for a legal reason
• Have the date the eviction notice was created
• List the proper number of days that the tenant has to correct the issue or leave the property
• Be legally served

If an eviction notice isnt legally served, a landlord or property management company may not legally remove the tenant from the property. It could also cause them to be named as a defendant in a lawsuit. The same is true if the eviction is considered illegal, as discussed in part under Legal Considerations earlier on this page.

Landlords and property management companies should take the time to learn California landlord-tenant law and talk with a lawyer who works in that area to ensure that their eviction notices comply with the state and that they are protected.

Create a free California Eviction Notice in minutes with our professional document builder.

Don’t Miss: Vacation Rentals In South Padre Island

File With County Court

Copies should be made of the Summons and Complaint forms and all copies should be brought to the county court in which the property is located. The court clerk will ask for a filing fee and will stamp Filed on each form.

State law declares that the filing fee for a civil case is $205-$330, but fees may vary by county.

Tenant To Landlord: No

A notice to vacate without cause from a tenant to a landlord is the most common notice to vacate letter. Oftentimes, these notices to vacate are sent a specific number of days before the lease ends. Or, they are sent due to circumstances outside of the landlordâs control and the tenant simply wants to or must break the lease. In either case, the no-cause notice serves as a termination letter informing the landlord that a tenant will not be renewing his or her lease and plans to move out of the rental property.

Note that a no-cause notice to vacate from a landlord is uncommon. It does happen in situations where the landlord wants to either move someone else or themselves back into the premises, they plan to fix or remodel the property, or they hope to sell the property.

Don’t Miss: Vacation Rentals With Private Hot Tub

California 30 Day Notice To Vacate

Last Updated: August 30, 2022 by

Contents

A California 30 Day Notice to Vacate is an official lease termination letter written by the landlord or the tenant to end any tenancy of less than one year. This notice is provided to either party at least thirty calendar days before the termination date.

California Lease Termination Letter 30 Day Notice

A 30-day notice for a lease termination isnt technically an eviction notice. However, it does inform the tenant that the landlord does not plan to renew the lease when it ends. A 30-day notice of this type is used if the tenant has resided on the property for less than one year according to California Code of Civil Procedure § 1946.1.

Additional components include:

• The words Please take notice
• The date that the tenant must vacate the property
• Proof of service

You May Like: What To Do If Your Crown Falls Out On Vacation

How To Count The Three Days

Start counting the three days on the first day after the notice to vacate was served. If the final third day is a Saturday, Sunday, or holiday, the three-day period will not conclude until the following Monday or nonholiday.

We are here to help landlords protect their rights! Please call us at 686-8686 if you need assistance in filling out this free sample California eviction letter template or if you have any questions about our landlord services.

What Is A 30 Day Eviction Notice

A 30-day eviction notice is a document that a landlord uses to evict a problem or non-paying resident. A property owner uses a 30-day eviction notice when they need to remove a tenant from the property. The notice gives the resident 30 days to leave or to correct the situation. Landlords serve notices for many reasons. The most common one is the failure to pay rent. Another common cause is that the tenant violates the rental agreement. This involves things like committing illegal acts or not maintaining the property.

Eviction notices go by many names, including:

• Notice to Vacate Letter

• Rental Eviction Notice

Don’t Miss: Vacation Home Rentals In Yosemite National Park

Related California Court Forms

Complaint : Completed by the plaintiff and their lawyer, it details the reasons for the eviction. It must be filed at the county courthouse of the county where the property is located.

Request for Entry of Default : Requests a default judgment from the judge.

Judgment for Unlawful Detainer : This form officially states the judges determination of whether the plaintiff or defendant prevails.

Writ of Possession : Once approved by the court, this form enables a landlord to ask the sheriff to remove their tenant.

A complete list of California eviction-related forms can be found at the California Courts website.

How Much Notice Do I Need To Provide Before Moving Out

When it comes time to move out of your apartment, you must provide proper notice. If you fail to do so, you may be held liable for continued payment of rent.

To determine how much notice you need to provide your landlord before vacating, refer to your lease agreement. It is common for landlords to require a notice of 30 or 60 days, but other lengths of time are possible.

For set term leases of 6 months or a year, your lease may contain a section regarding early termination. Some landlords allow you to end your lease early, as long as you provide proper notice. Other landlords may require you to provide notice and pay a fee if you wish to move out before your lease is up.

When in doubt, talk to your landlord about your situation as soon as you can. The more time you give your landlord to find a new tenant, the more likely they will allow you out of the lease.

You May Like: What Is A Vacation Club

Sample Notice To Vacate Letter

If you are not sure where to start when writing a vacate letter, you can use the following sample notice to vacate letter template and simply fill in the necessary information.

Dear ,

As per my lease agreement, I am writing to provide you with a ###-days notice that I intend to vacate my apartment at . I will be moving out on at the end of the current lease .

My reason for not renewing the lease agreement is .

Please advise me on the next steps to vacating the apartment, and when I will be able to receive my security deposit of $. I believe that the apartment has been kept in good condition and that I will be able to receive my security deposit in full. Please advise me if this is not the case.

You can send my security deposit to .

Yours sincerely,

Wait For The Tenants Response

The tenant has five days to respond to the court if he or she was served in person. Otherwise, they will have fifteen days to respond from the date the summons was mailed. The tenant must respond by filing an Answer .

The landlord will have to wait to hear from the court to see if the tenant filed the Answer.

Don’t Miss: Hilton Grand Vacations At Mcalpin Ocean Plaza

Notice When A Tenant Has Lived In A Rental For 12 Months Or Longer

When a month-to-month tenant has lived in the rental for 12 continuous months or longer, it becomes much more difficult for a landlord to terminate the tenancy. California landlords can’t end the tenancy in this situation without “just cause.” Just cause includes fault-based reasons, such as:

• a breach of a material term of the lease
• allowing or causing a nuisance on the property
• committing waste )
• criminal activity

Copyright ©2022 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Do Not Sell My Personal Information

Eviction Process In California

To learn more about the eviction process in California, .

Also Check: Lake Tahoe Vacation Rentals For Large Groups

Landlord To Tenant: Cause Notice To Vacate

A notice to vacate with cause from a landlord to a tenant usually occurs when a tenant has violated the lease agreement such as failure to pay rent, subletting the property without prior consent, having unauthorized pets or guests, or other lease violations. Consider a cause notice to vacate as a warning rather than an eviction notice, which typically occurs when a tenant remains at the property after their lease expires or has been terminated.

As a landlord, when you draft a cause notice to vacate you must often specify the amount of time to correct the wrongdoing or issue that violated the lease agreement. For example, if a tenant fails to pay rent, landlords typically give a set number of days for the tenant to make payment along with any late penalty fees.

Hawaii Immediate Notice To Vacate

Download: PDF | WordA Hawaii Immediate Notice to Vacate eviction form is used for an incurable breach of the lease. An incurable breach in Hawaii includes a tenant engaging in unlawful conduct on the premises or committing substantial property damage. The tenant does not have the option to remain on premises and must move out of the rental unit immediately.

Also Check: Vacation Payment Plans No Credit Check

What Can Tenants Do When They Receive A Notice To Vacate

Sometimes a notice to vacate can just be a scare tactic perpetrated by landlords. Therefore, if a tenant receives one, they shouldnt panic right away. Here are some simple steps tenants can take when they receive such a notice:

The bottom line to all these is that tenants dont have to panic when they receive a notice to vacate form. If they have more questions and curiosities, doing research can help out too.

Hawaii 45 Day Notice To Vacate

Download: PDF | WordA Hawaii 45 Day Notice to Vacate is a lease termination letter used to end a month-to-month tenancy. This lease termination letter may be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease. This letter is also the minimum amount of notice required for the landlord to end a month-to-month lease. The letter must be delivered at least forty five calendar days before the end date specified in the notice.

Read Also: Disney Vacation Club Member Benefits