Land Law

[Name of the institute]

NOTICE TO VACATE

You are hereby notified that you are requested to vacate the following described property to wit:

_____________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

within __________ days after the date of this notice, otherwise legal proceedings will be taken to have you evicted.

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Signature of Landlord

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Landlord's Address

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Landlord's Telephone Number

COMPLAINT FOR EVICTION - NONPAYMENT OF RENT

Plaintiff(s) sues the Defendant(s) and alleges:

1. This is an action to evict a tenant from real property in Walton County, Florida.

2. Plaintiff(s) owns the following described real property in said county: ____________ ____________________________________________________________________.

3. Defendant(s) has possession of the property under a written/oral (circle one) agreement to pay rent of $______________________, payable _________________ (weekly, monthly, etc.). (A copy of the lease, if written, is attached.)

4. Defendant(s) failed to pay rent due on the _______ day of _____________________, 20____, (and subsequent thereto), and there is now due and owing from the Defendant to the Plaintiff rent of $_________________, late/other charges of $__________________, plus court costs of $__________________.

5. Plaintiff(s) served Defendant(s) with a notice on the _______ day of ___________________, 20_____, to pay the rent or deliver possession, but the Defendant refuses to do either, and Plaintiff has elected to terminate the rental agreement. A true and correct copy of notice is attached.

WHEREFORE, Plaintiff demands Judgment for possession of the property against Defendant(s) plus judgment for rent and costs.

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Plaintiff (Owner or Authorized Agent)

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Street Address

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City/State/ZIP Introduction

With the average price of buying a home in San Bernardino County being near $300,000, many families are forced to rent places to live. Combining with that mobile lifestyles and fluctuating unemployment levels, the issue of landlord/tenant law moves to the forefront. More than ever, the need for Self-Help Centers is being felt (Ackerberg , 2002). By assisting both landlord and tenants, our services provide more efficient ways to move cases through the court system.

What is an unlawful detainer?

An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. An award for possession of property authorizes the landlord to evict the tenant from the property (Allen, 1992). If the landlord is also awarded judgment for payment of back rent, he or she may collect the judgment by attaching the tenant's property, garnishing the tenant's wages, or any other legal means.

The foreclosing lender wouldn't have to give you this notice if you were being housed free or for a much below market rent by a relative. Another exception to the rule is that if the building is sold to an owner who intends to occupy the premises, the lease may be voided. However, tenants in these soon-to-be-owner-occupied properties will then receive 90-days notice.

Tenants who live in communities that provide for more notice, or have just cause eviction and do not ...