Residential Eviction Form

Residential Eviction Form

This Residential Eviction Form (the Agreement) is made and entered into on by and between Landlord Name: whose mailing address is , and Tenant Name: whose address for the leased premises is (collectively, the Parties). The subject real property is located at . The original lease commenced on and has a termination date of .

Recitals

WHEREAS, Tenant occupies the property described above pursuant to a written or oral lease; and

WHEREAS, Landlord asserts Tenant is in default of one or more obligations under the lease, as set forth below; and

WHEREAS, Landlord has served or intends to serve notice of default and seeks lawful recovery of possession and payment of amounts due as authorized by applicable law.

NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, the Parties agree as follows:

1. Notice to Vacate

Landlord hereby demands that Tenant vacate and surrender possession of the premises no later than (Vacate Date), unless the default identified in Section 3 below is cured within the cure period specified in this form. This Notice to Vacate is delivered pursuant to the Parties' lease and applicable law; failure to vacate by the Vacate Date may result in initiation of an unlawful detainer or other legal action to obtain possession.

2. Rent, Charges and Cure

As of the date of this form, Tenant owes the sum of $ for rent and related charges. Late fee or other contractual charges claimed are $ and interest at the rate of per annum is claimed on unpaid amounts. Tenant may cure monetary defaults by paying the full amount claimed prior to the Vacate Date or within the cure period stated below.

3. Grounds for Eviction

The grounds for this eviction are (check all that apply):

Rent default or failure to pay rent

Material breach of lease (non-monetary)

Illegal use or nuisance

Holdover after lease termination

Other (specify below)

4. Service of Notice

The undersigned declares that notice was served on Tenant on: by one or more of the following methods:

Hand delivered to Tenant

Posted on the premises in a conspicuous place

Sent by first-class mail to Tenant's address

Sent by electronic mail to Tenant's email address where permitted

5. Tenant Cure Rights

Tenant shall have a period of days from the date of service to cure monetary defaults by tendering the full amount claimed. If the default is non-monetary, Tenant shall have until to cure such breach where permitted by law. Failure to timely cure shall permit Landlord to pursue remedies in Section 6.

6. Landlord Remedies

If Tenant fails to cure or vacate as required, Landlord may initiate judicial or statutory proceedings to recover possession and monetary damages, including rent, late charges, court costs, and reasonable attorneys' fees. Estimated attorneys' fees sought are $ . Landlord retains the right to recover costs actually incurred in enforcing landlord's rights.

7. Representations and Warranties

Each Party represents and warrants that it has the authority to enter into this Agreement, that the information provided herein is true and correct to the best of its knowledge, and that this Agreement is not in conflict with any other agreement to which the Party is bound.

8. Release; Hold Harmless

If Tenant voluntarily surrenders possession by the Vacate Date and pays amounts due as required herein, Landlord will not pursue monetary claims beyond those disclosed in this form except for claims arising from property damage or other breaches occurring after the date of this Agreement. Tenant agrees to hold Landlord harmless from liabilities arising from Tenant's breach prior to surrender, except as otherwise prohibited by law.

9. Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the Parties at the following addresses:

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state in which the premises are located without regard to conflict of law principles. The Parties submit to the jurisdiction of the courts having jurisdiction over the property for enforcement of rights and remedies under this Agreement.

11. Entire Agreement; Severability; Amendments; Waiver; Counterparts

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. No amendment or modification of this Agreement shall be effective unless in writing and signed by both Parties. Waiver of any breach shall not constitute waiver of subsequent breaches. This Agreement may be executed in counterparts, each of which shall be enforceable as an original.

12. Acknowledgment

Tenant acknowledges receipt of this Notice and agrees that Tenant has read and understands the contents and consequences set forth herein. Tenant's signature below constitutes acknowledgment, not an admission of wrongdoing.

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