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What are the essential points the include in a letter requesting that a tenant vacate the premises of a rental property?

San Diego, CA |

I own a condo in San Diego, CA. I rented the unit to a person and she never payed a security deposit or her first months rent. She has agreed to move out at the end of this month, but I know there are legal liabilities that I can face if I do not approach this situation correctly. I drafted a letter that I'm going to have the tenant sign (states address, date and location of signature, and a simple statement by the tenant that they are agreeing to vacate the premises because they do not have a valid lease and because no deposit or rent has been paid). If I have the tenant sign this letter upon move out (this weekend), will this be enough to protect me in case she lies in the future stating that I threw her out without notice?

Attorney Answers 1

  1. You need to serve her with a 3-day pay or quit notice. Once the period prescribed in the notice expires you will need to file an unlawful detainer suit. Good luck with your case.

    Marcus W. Morales, Esq.
    Law Offices of Marcus Morales
    115 W. Mission St.
    Santa Barbara, CA 93101
    (805) 845-5405

    All content posted on and is for educational purposes only and should not be relied on as legal advice. Any information conveyed to, or by telephone to the Law Offices of Marcus W. Morales does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.

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