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Use this straightforward form to inform tenants that their current rental agreement will not be renewed at the end of the lease term.
Document Last Modified: 6/3/2021
State Specific Clauses
CA State Assist
- Month to Month- A 30 day advance written notice is required for leases that are month to month and/or under 1 year.
- Leases for 1 Year or More- 60 days advance written notice is required.
- Subsidized Housing- Requires a 90 day advance written notice.
- Eviction Control- Landlords must have a 'just cause' reason to terminate the residential tenancy.
PROPERTIES IN FORECLOSURE
Month to Month: If a tenant is in possession of the leased premises at the time the property is foreclosed, the landlord must give the tenant a 90-day written notice to terminate under California law.
Fixed Term Leases:. The tenant may remain until the end of the lease term in most circumstances, and all rights and obligations under the lease shall survive foreclosure, including the tenant’s obligation to pay rent. ALTHOUGH, the landlord may give a 90-day written notice to terminate a fixed-term lease after foreclosure should any of the following four situations occur
(1) the purchaser or successor-in-interest will occupy the leased premises as their primary residence;
(2) the tenant is the borrower or the borrower’s child, spouse, or parent;
(3) the lease was not the result of an arms’ length transaction, meaning neither of the involved parties may have any interest in the transaction's consequences to the other party.
(4) the lease requires rent that is substantially below fair market rent (except if under rent control or government subsidy).
PLEASE NOTE: The purchaser or successor-in-interest possesses the burden of proving that one of these four exceptions has been met.
IMPORTANT: This law does not apply if a borrower stays in the property as a tenant, subtenant, or occupant, or if the property is subject to just cause rent control.This law regarding foreclosure will expire on December 31, 2019.
Residential tenancy: victims of human trafficking and elder or dependent adult abuse.
The tenant must notify the landlord that he or she or a household member is a victim of human trafficking and the tenant intends to terminate the tenancy, as specified.
Tenant must attach to the notice to terminate a tenancy documentation that includes specified statements by the tenant and by a health practitioner, a domestic violence counselor, a sexual assault counselor, or a human trafficking caseworker to indicate that the tenant is seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult.
The landlord may not force a tenant in these circumstances to remain binding to a lease or rental arrangement as long as that tenant follows the procedures prescribed by law.
IMPORTANT: The landlord may not disclose information provided by a tenant under these circumstances to a 3rd party unless the disclosure is consented to in writing or is required by law or order of the court.
Even though more often than not, ending a lease can provide to be a touchy situation; this form provides a sensitive but direct way to accomplish this task. It even provides reminders to the tenant to remove all belongings, make sure all is clean and asks for a forwarding address.
These Premium ezLandlord Forms's "Non Renewal Notice” is the key in properly informing your tenant that you are no longer interested in continuing the current contract or any contract or lease for that matter. This is NOT a form used to increase rent or change the terms of a lease. For those circumstances, it is best to use either a new rental agreement, Lease Amendment or an ezLandlordForms’s Increase in Rent Notice.
Each state possesses specific rules and actions in order to end a lease. There are many reasons to end a lease such as nuisance or non-payment, but an eviction form is best suited for those circumstances. This letter is given to a lessee so that they will move out rather than stay when their lease ends. It ensures the landlord will receive possession back at the end of the lease so it may be re-let to someone else. It is extremely important for you to educate yourself on the proper amount of days that is required to serve the tenant the Non Renewal Notice. Once you are aware of the appropriate amount of notice that must be given, this completely editable form may be created to meet the needs of the landlord as well as the requirements under the law.
Some states, such as California, have their own notices to used to end certain leases. Be sure to check out your local landlord forms page.