revised 5-87 form a california renters association

asalmes

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27-03-2025

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The California Association of Realtors (CAR) form, previously known as the "Notice to Vacate," is now officially called the "Notice Regarding Tenant's Right to Cure." It’s crucial for both landlords and tenants in California to understand this form, particularly the revised version (often referred to as the "revised 5-87"). This article will break down the key aspects of this form, offering clarity for renters in California.

What is the Revised 5-87 Form?

The Revised 5-87 form is a legal notice a landlord in California must use to inform a tenant of a breach of their lease agreement. This might include late rent payments, property damage, or violations of lease terms. It outlines the tenant's right to "cure" the violation within a specified timeframe, avoiding eviction. This is a significant change from the previous version, which directly initiated eviction proceedings. Understanding this "right to cure" is vital for tenants.

Key Elements of the Revised 5-87 Form:

Several key elements of the revised form are critical for tenants to understand:

• Specific Breach: The form must clearly state the exact violation of the lease. Vague statements are insufficient.
• Cure Period: The landlord must provide a reasonable timeframe (generally three days) for the tenant to remedy the issue. This period begins the day after the tenant receives the notice.
• Specific Actions Required: The form should detail precisely what the tenant needs to do to cure the breach. For example, if it's late rent, the exact amount due must be specified. If it's property damage, specifics about the repairs needed are essential.
• Consequences of Failure to Cure: The form clearly indicates the consequences of not curing the breach within the specified time. This typically leads to eviction proceedings.
• Legal Requirements: The form must meet all legal requirements under California law. Incorrectly filled forms may be legally challenged.

Important Note: While the form allows for a "cure" period, not all violations are curable. Severe breaches, such as illegal drug activity or significant property damage, generally don't allow for a cure period. Landlords may proceed directly to eviction proceedings in such cases.

What to Do if You Receive a Revised 5-87 Form:

Receiving this notice can be stressful. Here's what tenants should do:

• Read Carefully: Thoroughly review the entire form. Understand the specific breach, cure period, and actions required.
• Verify Legitimacy: Ensure the form is properly filled out and meets all legal requirements. If something seems amiss, seek legal counsel.
• Act Promptly: If the breach is curable, take immediate action to address it within the given timeframe. Document all actions taken.
• Seek Legal Advice: If you disagree with the notice or cannot cure the breach, consult with a tenant rights organization or attorney immediately. Don't ignore the notice.
• Communicate with Landlord: Try to communicate with your landlord to resolve the issue. Documentation of this communication is crucial.

Frequently Asked Questions (FAQs) about the Revised 5-87 Form:

Q: Can my landlord serve me with this notice if my rent is only a few days late?

A: While the landlord can serve the notice, it’s advisable to contact your landlord immediately and explain the situation. Many landlords are willing to work with tenants, especially in cases of minor delays.

Q: What happens if I fail to cure the breach within the specified time?

A: The landlord can initiate eviction proceedings. This can lead to a court hearing, and if the court rules in favor of the landlord, you could be evicted.

Q: Where can I find a copy of the revised 5-87 form?

A: The form is generally available on the California Association of Realtors (CAR) website. You can also obtain it from your landlord or a legal professional.

Q: Is this form only for late rent payments?

A: No. The form applies to various lease violations, including damage to the property, unauthorized pets, or any other breach of the lease agreement.

Conclusion:

The Revised 5-87 form represents a significant shift in California landlord-tenant law, emphasizing the tenant's right to rectify mistakes. Understanding your rights and responsibilities is critical. If you receive a Revised 5-87 form, act promptly, understand your options, and don't hesitate to seek legal counsel if needed. Proactive communication and a clear understanding of the form can help prevent unnecessary conflict and potential eviction. Remember to always keep copies of all communications and documentation related to your tenancy.