A Notice form provides legal notification to a party of an important aspect of a legal matter. Failure to provide proper notice is often the cause of delays in the progress of lawsuits and other legal matters. This model form, a Notice to Pay Rent or Surrender Possession of the Premises, provides notice of the stated matter. Because each case is unique, you will need to adapt the form to fit your specific facts and circumstances. Available for download now. USLF control number CA-01861
Concord California Notice to Pay Rent or Surrender Possession of the Premises
Category:
State:
California
City:
Concord
Control #:
CA-01861
Format:
Word;
Rich Text
Instant download
Description
How to fill out California Notice To Pay Rent Or Surrender Possession Of The Premises?
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FAQ
Express surrender involves using a written agreement (or declaration) to surrender the tenancy. Express surrender is made by deed. Since mutual consent is required, both the landlord and tenant will have to sign the agreement and both signatures must be witnessed.
The Surrender Clause in the lease agreement formally outlines how the space a tenant is leasing must be returned to the landlord when exiting. In addition, it also dictates the process that the tenant must follow at the end of the office lease term, including: The obligations of the tenant. The rights of the landlord.
What to Include in a Written Express Surrender of Tenancy The date that the agreement will end. The terms under which the agreement ends. In particular, whether any further payments are due from the tenants (such as further rent payments, money from the deposit, or a lump sum agreed to cover the landlord's costs).
If you have a lease early termination clause, you can break your lease early in exchange for paying a penalty such as one month's rent. If you do not have this clause and break your lease, you will be liable for your landlord's damages.
A surrender is a voluntary agreement between the landlord and tenant that the tenancy has come to an end. A surrender terminates the tenancy, whether it is fixed-term or periodic. A surrender can be express or implied.
It should contain the essentials, such as: Your name, and the landlord's name and address. The date you're writing the letter. Informing the landlord you're breaking your lease early. The reason why you're breaking your lease. The building and apartment you're vacating. The date by which you're vacating.
Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year.
The landlord, the landlord's agent, or anyone over 18 can serve a notice on a tenant. A landlord can use any of these methods to serve a 30-Day Notice or a 60-Day Notice on a tenant or can send the notice to the tenant by certified or registered mail with return receipt requested.
If tenants want to get out of their lease obligations, they can either look for someone to whom the lease can be transferred or try to negotiate a surrender with the landlord. A lease is surrendered when the tenant's interest is transferred back to the landlord and both parties accept that it will be extinguished.
