Money For Lunch – Here Is When and How to Use a 30-day Vacation to Terminate a Residential Tenancy

Here Is When and How to Use a 30-day Vacation to Terminate a Residential Tenancy

January 4, 2018 11:10 AM0 commentsViews: 13

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It is common knowledge that residents who have lived in your property for less than a year can be provided with a 30-day notice. There is a formal way to substantiate a 30-day notice, and it is included in the Civil Code for 1946. Based on the code, the following is included therein.

  • The tenant is allowed to abandon personal property that is left by the previous tenant at the said address, and this is subject to various conditions.
  • You, the tenant, will not manage to reclaim abandoned personal property without additional costs. Therefore, these costs tend to be lowered by the tenant upon contact and relaying of information about personal items left in your residence.

This is the language that is provided by the Civil Code 1946. Therefore, the 30 DAY NOTICE TO VACATE does include information on your personal effects upon eviction.

This was made possible when the civil code was amended in 2013 to make the above provisions for the tenant.

Lack of above provision in your 30-day notice

In case your notice to vacate does not include the above requirement, you can use the unlawful detainer law against your client to ensure they leave once those days are over. However, if you do not have these provisions in your notice using the above language, you are sure the tenant will have the advantage as the judge will toss out your case.

Furthermore, if the tenant has a lawyer, be sure to pay the attorney’s fees if the case is dismissed. The contract you sign in the lease provides for this charge.

Also, the 30 DAY NOTICE TO VACATE may not apply if you have contracted your tenant to remain at your residence longer. As such, you need to indicate the specific duration of tenancy to ensure your notice applies when the date arrives.

The only time when you can vacate a client using the 30-day notice is upon the breach of lease agreements and failure to pay rent.

Rules to follow when delivering the 30day notice

  • Delivering a copy of the notice personally
  • Giving it to a neighbor of suitable age and ensuring discretion of the said delivery
  • Mailing the text of the notice to the tenant
  • Placing the announcement in a conspicuous place in your property
  • Delivering it to a roommate if the tenant who pays the rent is not in the house

It is imperative to ensure you provide the notice efficiently as the court may grant leniencies to the client if the eviction notice is not served correctly.

 

 

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