Posts Tagged ‘notice of termination’

NO MERCY – How To Kick Out a Tenant

Friday, April 3rd, 2009

To kick out a tenant you first must give them a Notice of Termination.

You can kick tenants out who are on a month-to-month lease simply by giving your tenant 30 days’ advance written notice. The form is called a 30-Day Notice.

First though, you need to check your local laws. For example in some cities in California, the following special rules apply to 30-day notices:

1 – Subsidized housing programs may limit allowable reasons for eviction, and may require that the notice state one of these reasons.

2 – Some rent control cities require “just cause” for eviction, and the landlord’s notice must state the reason for termination.

3 – Some reasons for eviction are unlawful. For example, an eviction cannot be retaliatory or discriminatory.

Forms very from state to state but there are basically three types of Notice of Termination forms you use, depending on your circumstance, to kick tenants out.

1 – Pay Rent or Quit notices: This notice is given to a tenant who hasn’t paid the rent. The Pay Rent or Quit notice tells (more…)

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How do I kick out a tenant at the end of their lease?

Tuesday, October 21st, 2008

The lease is about to expire on my tenant. I do not want to renew the lease with them. They have been problems for me from month one. I want them out of my house. How do I go about letting my tenant know that the lease they signed expires at the end of the month and that I want them out?

If you want to evict your tenant at the end of their lease or the tenant has given you notice that they plan on moving at the end of your lease, then the Thirty Day Notice of Termination of Lease form is what you need to use.

I have uploaded a video for you showing the Thirty Day Notice Of Termination Of Lease that I use with some additional pointers (see below).

Here is the wording for the Termination of Lease form that I use in California.

To [Tenant's name]
of the premise located at [Your rental property address]

PLEASE TAKE NOTICE that your tenancy of the premises is terminated effective at the end of the thirty (30) day period after service on you of this notice, or [date] whichever is later.

You must peaceably vacate the premises and remove all of your personal property on or before the date indicated above. If you fail to quit and deliver possession, legal proceedings will be instituted against you to obtain possession and such proceedings could result in a judgment against you which may include attorney’s fees and court costs as allowed by law, plus owner may recover an additional punitive award of six hundred dollars ($600) in accordance with California law for such unlawful detention. This legal action will also result in forfeiture of the rental agreement.

This Notice of Termination of Tenancy does not relieve you of payment of any financial obligation for rent owed until the actual date of termination of tenancy.

You have the right to request an initial inspection of your unit and to be present during that inspection, which shall occur no earlier than two weeks before the termination of the tenancy and during normal business hours. At this initial inspection, the Owner/Agent will provide an itemized statement specifying repairs or cleaning that are proposed to be the basis for the deductions from the security deposit. This may not be a final accounting of deductions from the security deposit. A separate Notice of Resident’s Option to Request an initial inspection is provided with this Notice or will follow within a reasonable time. Please complete the form and return it to Owner/Agent if you wish to arrange for an initial inspection.

If you fail to fulfill the terms of your credit obligations, a negative credit report reflecting on your credit history may be submitted to a credit reporting agency.

[date] [tenant's signature]

Reason for termination: [reason]
Present Employer (Name):
Present Employer (Address):

Vacating Inspection Report

Inspected by: [your name] Date:[date] Move-Out Date: [move-out date]

Deposit Deduction

Carpet Cleaning
General Cleaning
Painting
Drape Cleaning
Patio Cleaning

Damage Repairs

Pet Damage Repairs
Key Replacement
Other

Unpaid Rent
Total Deduction

Deposit Refund Information

Lease Deposit [amount you took as a security deposit when tenant moved in]
Pet Deposit
Total
Less Deductions [Total deduction amount]
Amount of Refund/Due

PLEASE PAY THE AMOUNT DUE SHOWN ON THIS STATEMENT WITHIN 15 DAYS OF RECEIPT. FAILURE TO PAY WILL RESULT IN COLLECTION BY OUR ATTORNEY.

Duration : 0:6:49

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