California Complaint to Terminate Lease

State:
Multi-State
Control #:
US-60977
Format:
Word; 
Rich Text
Instant download

Description

This complaint provides that plaintiff seeks declaratory relief and the removal of a cloud from plaintiff's title to certain property. Plaintiff demands that defendant pay all due rents and that the disputed lease agreement be terminated.
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FAQ

30-DAY, 60-DAY AND 90-DAY NOTICES TO MOVE A 60-day notice is required if all tenants have lived there a year or longer. There is an exception to this rule. Only a 30-day notice is required if all of the following apply: You live in a house, townhouse or condo.

California's Tenant Protection Act The only lawful way to evict a tenant is to file lawsuit and wait for the court to order the Sheriff or Marshal to carry out the eviction.

But breaking a lease can still affect your credit if it results in unpaid debt. Whether it be damage fees, termination fees, back rent, or current rent that you're still liable for, landlords can report that debt to collection agencies, who may then report that unpaid debt to the credit bureaus.

The State of California Department of Consumer Affairs can help with questions or complaints regarding landlord/tenant relationships, including repair issues, safety violations, and Health and Safety Code violations. For further information, call (800) 952-5210, or visit the website at .dca.ca.gov.

A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out. (CCP Section 1946.1.)

Typically, the landlord or property manager allows their tenant to break the lease early as long as they pay for a penalty fee. The fee is usually equal to two months of rent, and the tenant should give their landlord at least 30 days of notice.

The Notice must be in writing and include: The date the tenancy will end ("be terminated") Detailed reason(s) for the eviction. That if the tenant doesn't move out within 90 days the owner may start a court case to evict them and that they can give their side of the story then.

When Breaking a Lease is Justified in California You or a Family Member Are a Victim of Domestic Violence, Sexual Assault, Stalking, or Elder Abuse. ... You Are Starting Active Military Duty. ... The Rental Unit Is Unsafe or Violates California Health or Safety Codes. ... Your Landlord Harasses You or Violates Your Privacy Rights.

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California Complaint to Terminate Lease