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IAAL, how to fill out 90 day notice to terminate Tenancy

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U

Ukiah

Guest
What is the name of your state? California

Hi IAAL,

I am trying to help a friend who owns a home and is renting to to someone who is on financial assistance (rent being paid by Housing Authority). My friend wants to terminate tenancy, Housing Authority told her to give them and the renter a 90 day notice. Friend picked up some forms from Staples and need to know what the following means;

You and each of you are hereby notified that the tenancy of the premises occupied by you as tenant of the undersigned landlord, described as follows, to wit:




What does it mean "described as follows"? Describe why the tenancy is being terminated? and what the heck is "to wit"


Thanks Maestro!

Ukiah
 


I AM ALWAYS LIABLE

Senior Member
My response:

Hello Ukiah!

It's nice to see you again. Listen, I'm going to defer to HomeGuru on your questions. I'll see if I can shake him out of the woodwork for you . . .

IAAL
 

I AM ALWAYS LIABLE

Senior Member
Ukiah said:
What is the name of your state? California

Hi IAAL,

I am trying to help a friend who owns a home and is renting to to someone who is on financial assistance (rent being paid by Housing Authority). My friend wants to terminate tenancy, Housing Authority told her to give them and the renter a 90 day notice. Friend picked up some forms from Staples and need to know what the following means;

You and each of you are hereby notified that the tenancy of the premises occupied by you as tenant of the undersigned landlord, described as follows, to wit:

MY RESPONSE:

Okay, I can't seem to get HomeGuru for you, so I'll go ahead and answer.

"To Wit" means, "as stated" or "as evidenced by".

In this instance, the form is asking you for the complete, exact, address of the premises - address number, street name, Apt. #, City name, State name, and Zip Code. If your friend has the legal description as stated on the Deed to the property, she can add that to the form also, but it's not necessary.




What does it mean "described as follows"? Describe why the tenancy is being terminated? and what the heck is "to wit"

MY RESPONSE: No. It's just asking for the complete address of the premises, and to be written in the space provided. To have said "described as follows" and "to wit" is really duplicate language. One phrase without the other is fine. But, whomever wrote the form got a little carried away with the jargon.



Thanks Maestro!

MY RESPONSE: You're welcome. Don't be such a stranger!

IAAL
 

HomeGuru

Senior Member
Ok, I'm back and I missed al the action.
Anyway, I would not advise using those pre-printed forms since they are not State specific.
My advice would be to look at the lease agreement and send the tenant and Housing office a certifed rrr letter terminating the tenancy referencing the lease agreement.
 
U

Ukiah

Guest
Thanks again IAAL!

I've been busy lately; making up a parenting plan with the ex (he's actually being nice- but I'm still keeping documentation!!), filing it with the court, and planning my daughter's 10th B-day party which was Saturday, her B-day was yesterday, coincidently the first day of school - yipee...) working, and trying to relax... which doesn't happen with a rambunxious 10 year old!

All while I'm trying to update my legal information and organize my desk and files.

Other than that, I've popped on the boards now and agian but haven't found too many to respond to, it seems strange with the regular people missing... hint hint...

I do have a joke I want to share;



One evening, after attending the theater, two gentlemen were walking down the avenue when they observed a rather well dressed and attractive young lady walking ahead of them.

One of them turned to the other and remarked, "I'd give $250.00 to spend the night with that woman"

Much to their surprise, the young lady overheard the remark, turned around, and replied, "I'll take you up on that offer."

She had a neat appearance and a pleasant voice, so after bidding his companion good night, the man accompanied the young lady to her apartment.

The following morning the man presented her with $125.00 as he prepared to leave. She demanded the rest of the money, stating "If you don't give me the other $125.00, I'll sue you for it."
He laughed saying "I'd like to see you get it on these grounds."

Within a few days he was surprised when he received a summons ordering his presence in court as a defendant in a lawsuit. He hurried to his lawyer and explained the details of the case.

His lawyer said, "She can't possibly get a judgment against you on such grounds, but it will be interesting to see how her case will be presented."

After the usual preliminaries, the lady's lawyer addressed the court as follows: "Your honor, my client, this lady, is the owner of a piece of property, a garden spot, surrounded by a profuse growth of shrubbery, which property she agreed to rent to the defendant for a specified length of time for the sum of $250.00.

The defendant took possession of the property, used it extensively for the purposes for which it was rented, but upon evacuating the premises, he paid only $125.00, one-half of the amount agreed upon. That rent was not excessive, since it is restricted property, and we ask judgment be granted against the defendant to assure payment of the balance."

The defendant's lawyer was impressed and amused by the way his opponent had presented the case, His defense, therefore was somewhat different from the way he originally planned to present it.

"Your honor," he said, "my client agreed that the lady has a fine piece of property, that he did rent such property for a time, and a degree of pleasure was derived from the transaction. However, my client found a well on the property around which he placed his own stones, sunk a shaft, and erected a pump, all labor performed personally by him. We claim these improvements to the property were sufficient to offset the unpaid amount, and that the plaintiff was adequately compensated for the rental of said property. We, therefore, ask that judgment not be granted."

The young lady's lawyer answered, "Your honor, my client agrees that the defendant did find a well on her property. However, had the defendant not known that the well existed, he would never have rented the property. Also, upon evacuating the premises, the defendant removed the stones, pulled out the shaft, and took the pump with him. In doing so, he not only dragged the equipment through the shrubbery, but left the hole much larger than it was prior to his occupancy, making the property less desirable to others. We, therefore ask that judgment be granted."

In the Judge's decision, he provided for two options: "Pay the $125.00 or have the equipment detached from it's current location and provide it to the plaintiff for damages."

The defendant wrote a check immediately.

HA

Ukaih
 

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