Are you a California landlord needing a tenant to move out? Then, you likely need a “Notice to Vacate” letter. This letter formally tells a tenant they must leave the property. It’s used when a lease is ending. It is also used when a tenant violates the lease terms.
Writing the perfect notice can feel tricky. You want to be clear. You also must follow California law. Don’t worry, we’ve got you covered.
We will share sample letters to help. These examples can simplify the process. Use these templates to create legally sound notices. You will communicate effectively with your tenant.
Sample Letter To Tenant To Move Out I California
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Date]
[Tenant’s Name]
[Tenant’s Address]
[Tenant’s City, State, Zip Code]
Subject: Notice to Vacate
Dear [Tenant’s Name],
This letter serves as a formal notice that you are required to vacate the premises located at [Property Address] by [Date of Move Out]. This date is [Number] days from the date of this letter, satisfying California’s [Number]-day notice requirement, as outlined in our lease agreement or as required by California law.
The reason for this notice is [State the Reason for Eviction Clearly and Concisely. Examples: expiration of lease term, violation of lease agreement, owner’s decision to sell the property, etc. If due to a lease violation, specify the violation, date of violation, and previous warnings given, if any.].
We expect the property to be returned in the same condition as when you took possession, except for normal wear and tear, as stated in the lease agreement. Please remove all personal belongings and leave the premises clean.
We will schedule a walk-through inspection of the property on [Date] at [Time]. Please confirm your availability for this inspection. If this date and time are not convenient, please contact us within [Number] days to arrange an alternative time.
Your security deposit, less any deductions for unpaid rent, damages beyond normal wear and tear, or other costs as allowed by California law, will be returned to you within [Number] days of your move-out date, provided you provide us with a forwarding address for the return of the deposit.
Failure to vacate the premises by the specified date may result in further legal action, including eviction proceedings.
Should you have any questions or require clarification, please contact us at [Your Phone Number] or [Your Email Address].
Sincerely,
[Your Name/Company Name]
How to Write Sample Letter To Tenant To Move Out In California
Subject Line: Be Direct and Unambiguous
The subject line is your initial foray. It must be forthright and devoid of any ambiguity. Concisely state the letter’s purpose:
- Example: Notice to Vacate – [Property Address]
- Avoid: “Important Information” or vague phrases.
Salutation: Foster Professionalism
Begin with a formal salutation to maintain a professional decorum. Courtesy is paramount, even when delivering unfavorable news.
- Preferred: “Dear [Tenant’s Name],”
- Acceptable Alternative: “To Whom It May Concern,” if tenant’s name is unknown (not recommended).
Body Paragraph 1: State the Obvious Concisely
The opening paragraph should unequivocally state your intention. Avoid circumlocution; be direct and to the point.
- Clearly articulate that the tenant is required to vacate the premises.
- Specify the exact date by which the tenant must relinquish possession.
- Example: “This letter serves as formal notification that you are required to vacate the property located at [Property Address] no later than [Date].”
Body Paragraph 2: Elucidate the Rationale (if applicable)
If there’s a specific reason for the eviction (e.g., lease expiration, breach of contract), articulate it clearly. Transparency is key to averting misunderstandings.
- If the lease is expiring: “Your lease agreement, which commenced on [Start Date], will expire on [End Date], and will not be renewed.”
- If there’s a lease violation: “This notice is due to [briefly state the violation, e.g., failure to pay rent], as outlined in Section [relevant section] of your lease agreement.”
- If no specific reason: “This notice is being provided as per the terms outlined in the lease agreement, allowing for termination with proper notice.”
Body Paragraph 3: Detail Expectations and Requirements
Outline precisely what you expect from the tenant regarding the condition of the property upon vacating, and the procedure for returning keys.
- Specify that the property must be left in a clean and undamaged state, barring normal wear and tear.
- Detail the procedure for returning keys (e.g., dropping them off at the management office, mailing them).
- Include a reminder about the final inspection and the return of the security deposit, contingent upon the property’s condition.
- Example: “Upon vacating, please ensure the property is thoroughly cleaned and free of all personal belongings. Keys should be returned to [Location] by [Time] on [Date]. A final inspection will be conducted thereafter to determine the eligibility for a full or partial return of your security deposit, in accordance with California law.”
Closing: Maintain a Cordial, Yet Firm Tone
The closing should reiterate your willingness to cooperate during the move-out process while reinforcing the importance of adhering to the specified deadline.
- Offer to answer questions or provide clarification (without opening the door to extensive negotiation).
- Express a polite, but firm expectation of compliance.
- Example: “We understand that moving can be a disruptive process. Please do not hesitate to contact us if you have any pertinent questions. We expect full compliance with this notice to vacate.”
Signature: Authenticate the Document
Conclude with a formal closing and your signature, ensuring the letter’s authenticity and providing a clear point of contact.
- Use a professional closing such as “Sincerely,” or “Respectfully,”.
- Include your printed name below your signature.
- Provide your contact information (phone number and/or email address).
Frequently Asked Questions: Notice to Vacate in California
Navigating the process of asking a tenant to move out can be complex. Here are answers to common questions about serving a notice to vacate in California.
What is the proper notice period required in California?
Typically, a 30-day notice is required if the tenant has lived on the property for less than a year. If they have lived there for a year or more, a 60-day notice is generally required. Some cities may have longer notice periods.
What information should be included in the notice to vacate?
The notice should include the date, tenant’s name(s), property address, reason for the notice (if applicable), the date the tenant must vacate by, and your contact information. It should also state that the tenant must leave by the specified date.
How should the notice to vacate be served?
California law requires the notice to be served either personally, by substituted service (leaving it with someone of suitable age and discretion at the property and mailing a copy), or by posting and mailing. Follow the procedure carefully.
Can I ask a tenant to move out without a reason in California?
Yes, in California, a landlord can issue a no-fault eviction, provided they give the required notice period. However, some cities have rent control or just cause eviction ordinances that may restrict this ability.
What happens if the tenant doesn’t move out by the date specified in the notice?
If the tenant does not move out by the date specified in the notice, you may need to file an unlawful detainer lawsuit (eviction) in court to regain possession of the property. You cannot legally force the tenant to leave without a court order.
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