This is also true for when intentional or extreme carelessness has resulted in or permitted the property to be damaged, defaced, or destroyed. To help you get it right, the following table summarizes the differences between a Notice to Vacate and an Eviction. Equal Housing Opportunity | Avoid Scams in Rental Housing, Terms of Use | Privacy Policy | Don't Sell My Personal Info | XML | HTML. In California, a landlord can only evict a tenant for nonpayment of rent, damage to the property or a violation of the lease or rental agreement. Difference Between Notice to Vacate and Eviction, What to Include in a Notice to Vacate vs. Eviction, How to Deliver the Notice to Vacate vs. Eviction. The COVID-19 crisis has brought on several changes to eviction procedures and landlord-tenant law in Nevada. Regardless, the notice to vacate period should also be laid out in the lease agreement. From welcome letters to property inspection forms, we have you covered. Its not always the same location where you mail rent payments, especially if the landlord owns many properties or works with a property management business. These timeframes also have some variability, such as if a tenant is week-to-week, or whether a notice is mailed to the tenant or posted on the door. In some situations, this may mean refunding the rent for the notice period provided by the landlord, as well as the security deposit. notices to quit : ezLandlordForms Landlord to tenant no-cause notice to terminate . This could be a 30-day notice, 60-day notice, 90-day notice or a 3-day notice. Any Lease (or No Lease): Eviction With Cause. The judge will listen to your testimony and evidence and give the landlord an opportunity to testify as well before making a ruling. (NRS 118A.510. 28-Day Notice (Year-to-year/month-to-month) - Notice of termination without cause. A Notice to Vacate is a legal document sent by the landlord to the tenant stating that they have canceled the rental agreement and want a tenant to move out of the premises by a specific date. No-Cause Notices - Civil Law Self-Help Center. The government's eviction ban put in place to protect private renters during COVID-19 has now ended. (NRS 40.251(2). When writing this letter, you must get straight to your point and break the news of vacating. The address from which you will send your notification. If the tenant fixes the problem paying the . There is a downward trend in terms of residential vacancy rates across the United States. You should check your state laws, and consult with a real estate landlord/tenant attorney if you receive an eviction notice without cause from your landlord. The Notice to Vacate delivery process should be done according to the applicable landlord-tenant laws. An eviction notice without cause is served in cases when the tenant hasn't violated the lease or done anything to warrant an eviction. This website was designed and is maintained by Legal Aid Center of Southern Nevada, Inc., a private, nonprofit, 501(c) (3) organization that operates the Civil Law Self-Help Center through a contract with Clark County, Nevada. What if you break your lease without these clauses? This notice is not just a notice but also comes with several facts and terms to help the tenant understand his/her position in the vacating stance. You have the opportunity tocontest the eviction at a court hearing. Mail the landlord a written request to stay for an additional thirty days past the expiration of the thirty-day notice (but only if the tenant does not pay rent by the week), along with proof that tenant is at least sixty years old or has a physical or mental disability; or, If the landlord rejects the tenant's request, file Tenant's Motion to Continue in Possession (Elderly or Disabled) (which is available at the Self-Help Center or by clicking one of the links below), asking the court to give the tenant thirty additional days to move; or, File an affidavit/answer with the justice court to oppose the notice and get a hearing with the judge; or. 4. Typically, the law requires 30 days notice (90 days in areas such as Bend, Milwaukie, and Portland). Cleanly written with an authoritative voice, this notice to vacate letter template is to be sent to the tenant if they have missed rent or are constantly missing rent. Learn from the TurboTenant teams free educational resources and become a better landlord. [Tenant Signature], [Print Tenant Name], & [Date]. When writing this letter, you must get straight to your point and break the news of vacating. Make sure that the notice is legible and easy to read. You should plan this with your landlord so that they can swiftly repay your security deposit. Visa and Immigration Whether you are a tenant or a landlord, it is important that you provide the receiving end some clarity. Damaging the rental unit. Additionally, they can negotiate the days and ask for more time to move. Answer, PHA Eviction, Bad Notice, Cause - Answer in PHA Eviction case, with defenses based on bad notice and insufficient cause. You are already familiar with the basic components of a notice to vacate, as previously discussed. Sole Proprietorship, Accounting and Tax When and How a Landlord Can Evict a Tenant - LloydWinter Law The tenants may also have cause to seek damages and remain at the property. A vacate notice is a document in the form of a written letter from a tenant to a landlord or a property owner to notify the landlord of the intent of the tenant to move out of the space they are renting. Learn more about Notice to Vacate Letter in Singapore. Simple and elaborate, this notice to vacate is available in Pages format and it is to be sent to a tenant once their lease period has expired and they have not renewed it. Contact us, Suntec Tower One, 7 Temasek Blvd, Singapore 038987. Make sure to check the lease agreement if there is a break lease or termination clause that outlines the penalties to a tenant that ends their leases too early. This letter is a precursor to an eviction notice template, issuing a clear warning. Understanding the Uniform Power of Attorney Act (UPOAA), Overview of Paid Family and Medical Leave (PFML) Laws By State, Delivered before filing an eviction lawsuit, Delivered after succeeding in an eviction lawsuit, It allows a tenant to correct the mistakes, It does not require a law enforcement officer to deliver, Most states require a law enforcement officer to deliver the document, The tenant can fight the eviction in court, The tenant may fail to win a case after an eviction is served, Gives a tenant more time to prepare to vacate (1460 days), Gives a tenant limited time to vacate (314 days), Brings guests to live in the house for an extended period, Performs illegal activity in the rental unit. The tenant can stay in the property until . Free Wisconsin Eviction Notices They are as follows: To help you in the creation of a notice to vacate, weve provided a sample letter. The notice to vacate letter is sent to allow your landlord enough time to find a new renter for the apartment you're leaving. Some prefer living in a traditional home like a bungalow or a detached house to accommodate their families. The day the renter will depart the property: Before selecting a move-out date, the tenant should review the lease. Final walkthrough request: After youve removed all of your stuff from the property, your landlord will usually want a final walkthrough. To protect themselves from monetary fines if such situations arise, tenants should write such terms into the leasing agreement before signing it. If you are posting the notification, you must provide adequate time for mail to be delivered. The tenant is at least sixty years old or has a physical or mental disability (and is not paying rent by the week) and has requested to stay an additional thirty days on the rental property. Subscribe to get tips, news, and hacks for even the most seasoned landlords. This situation is uncommon because most landlords want to keep good tenants and continue to run their rental business. 4. Notice to Vacate vs. Eviction Notice: Key Difference | LawDistrict Below is a template you can use when writing your notice to vacate letter. A landlordcannot evict tenants without ending the lease agreement between the tenant. Copyright 2022 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. You may be able to collect monetary actual and punitive damages. of the following to include in the letter: I plan to stay until the end of my notice period. From the date down to the forwarding address, ensure that you have inserted them into the notice. I plan to move out prior to the end of my notice period. In most states, landlords are allowed to evict tenants without a cause, but other state laws, such as Californian law, restrict tenant evictions, and a no-cause notice to vacate is not accepted until you give a specific reason. Home Rent your property Notice to vacate. Holdover tenants, or those who refuse to move out after rental or lease termination, are often given a three-day notice to vacate. All Rights Reserved 2014 - 2022 Template.net. Certain violations you have to allow the tenant to correct, others you dont such as damaging the rental property. TERMINATION NOTICES BY LANDLORDS TO TENANTS LANDLORD - nvcourts A notice to vacate is also known as a notice of intent to vacate. Step 3: Add the Important Components in the Notice. That a tenant can file an expedited complaint with the court if a landlord unlawfully locks the tenant out of the rental property or willfully interrupts an essential item or service (such as water, electricity, air conditioning, and the like) (NRS 40.253(3)(b)(3)). On the flip side, both parties can give cause notice to end the rental agreement if the other has breached the rental agreement. As much as possible, print the notice on a piece of paper. Nevada law requires a thirty-day notice to the tenant (or a seven-day notice if the tenant pays rent weekly), followed by a five-day notice instructing the tenant to leave because tenant's presence is now unlawful. Different individuals have varying wants and needs when it comes to their homes. Here's a sample notice to vacate letter to get you started. the lease by a tenant to a landlord happens when the landlord is at fault. In Los Angeles, landlords of rent-controlled properties must provide a legal reason for eviction even if the tenants don't have a lease. File a motion with the court, asking the court to "stay" (delay) the eviction for up to ten days (pursuant to NRS 70.010). Themis Partner provides information and software only. 5. An eviction notice must either be served to the tenant personally (or to another responsible resident of the dwelling), mounted to a conspicuous . It also gives a certain amount of legitimacy to the letter, making it valid in the court of law in case such a situation arises. Review the decision to evict without cause with an attorney in order to confirm no exposure to civil rights or fair housing law . know how to communicate with your tenants, How Landlords Benefit From Renters Insurance, 20 Must-Know Tips For Becoming a Great Landlord (Plus, 75 Bonus Tips). The letter specifies why the tenant is moving out, making sure that the landlord or the housing agency gets closure on the move out. Pinpoint the number of days the landlord requires a tenant to submit the notice to refrain from receiving financial and legal penalties. The period that the tenant must comply with in providing the vacate notice depends on the state that they are in, varying in each location. Just cause eviction, also known as with with cause eviction or for cause eviction. In this type of eviction, the landlord cites the specific cause for which the tenants are being evicted. The article provides readers with valuable information about the document, including its definition, composition, and a helpful guide to creating the notice. Different states require a tenant to send their notices days before moving out, and a tenant should consult the lease agreement for the most accurate estimation. The landlord would then file a summons and complaint and have those served. The eviction notice is only the beginning: Ultimately, a court must issue the eviction in order for it to be legally valid and enforceable. For the termination of a month-to-month lease without cause, the landlord must provide the tenant with a 30-Day Notice to Quit stating that the premises must be vacated within thirty (30) days. In addition to written notification of a potential eviction, a tenant will usually get an opportunity to address the complaint and make changes to the living circumstances. Simply copy and paste this sample letter, fill in the fields with your information, and send your notice to vacate. Written notice can include the relevant details as well as any specifications to cure the problem. For example, when a tenant's month-to-month lease has ended. Meanwhile, the state of Florida only requires tenants to write the notice to vacate 15 days before the moving date. Send the notice with the appropriate amount of time. A notice to vacate is a written declaration provided by a tenant to their landlord alerting them that they will be leaving their apartment before their lease expires. What are some of the reasons an eviction based upon a thirty-day or seven-day "no cause" notice might not be appropriate or might be denied by the court? landlord-tenant law | Cornell. But if the landlord or state law requires the notice in writing, be sure you photocopy the letter to keep for your records. I plan to physically move out on [date]. In these cases, you haven't agreed to a fixed lease term with the tenant, meaning your lease essentially refreshes each month. Instead of choosing between one or another, some rent out properties. No, a notice to vacate establishes what is wrong, and a timeframe to correct or terminate. The Eviction Process: Amount of Notice for Termination Without Cause 50 Free Notice to Vacate Templates (30/60 days) TemplateLab Creating an example notice is the most excellent approach to, How To Write a Vacate Notice for a Landlord. is important to tenants that reside in properties that are not subject to the rent caps but are subject to the just-cause for eviction provisions. Please be advised: we are not a law firm and, therefore, cannot provide any official legal advice. It gives the landlord sufficient time to prepare for a vacancy and look for a new tenant. How to Evict a Lodger in California | Pocketsense [Your phone number] [Your Current Address] [City, State, Zip Code] [Landlord's Name Or Apartment Company's Name] [Landlord's Address as stated on your lease] [City, State, Zip Code] Re: Notice of Intent to Vacate. Date sent: You must include the date to establish that you delivered your notice to quit letter within the time frame specified in your Lease Agreement. The . Also, keep in mind that a termination notice lets tenants know when the lease will end if they dont fix the problem at hand, but an eviction notice is given only after tenants remain at a property when their lease has been terminated. A landlord may also use a "no cause" notice in the final period of a lease agreement. If an eviction is granted, a Writ of Execution is posted at the property, giving final notice to the tenant to remove their belongings. Once the notice to vacate expires and the tenant does not vacate, the landlord may file a UD action to evict the month-to-month tenant without further notice. ), A Thirty-Day "No Cause" Notice to Quit if the tenant pays rent by the month, or a Seven-Day "No Cause" Notice to Quit if the tenant pays rent by the week (NRS 40.251(1)(b)(1)); and, The date the landlord expects the tenant to move, which must be at least thirty days after the date the thirty-day notice is served (NRS 40.251(1)(b)(1)(II)) or seven days after the date the seven-day notice is served (NRS 40.251(1)(b)(1)(I)); and, That the tenant can oppose the notice by filing an affidavit/answer with the court no later than the fifth full judicial (business) day after the date the notice was served, (NRS 40.254(1)(c)); and. Please note that this sample letter is for informational purposes only, and you should seek professional legal advice to ensure you adhere to your states specific laws. Click to learn about Filing a Formal Eviction. As opposed to a landlord sending a letter to vacate, this notice to vacate letter is addressed to a roommate, in the events of the roommate failing to pay rent and for other such amenities. A tenant can choose to download a template to help them construct the vacate notice. Sample Notice to Vacate - 45+ IN PDF | MS Word In cases of humongous trouble, it might be that you want them to vacate your property. Editable Word documents, unlimited revisions and copies. The letter specifies the reason being the tenants failure to comply to the rental agreement and taking in unapproved roommates, making sure that tenant realizes why he/she is being asked to leave the property. If a tenant signs an apartment lease rental that promises they must stay for a specific period and there is still plenty of time before the set time ends, make sure to discuss the various options with the landlord for an agreeable option on both sides that enables a tenant to move out without breaking the lease or breaching the contract. The letter is often sent out one to three months before your lease expires. Tenants, keep in mind that submitting a notice to vacate letter isnt the final step in moving out. Partner with us However, in terms of legality, the document must contain several components that provide its readers with sufficient information about the move-out process. Writing the vacate notice notifies the landlord of the intention of the tenant to vacate a rental property as soon as possible. If not, you may lose your lawsuit if the case goes to court. Finally, with our aid, you may prevent any potential legal action from your landlord. Oregon landlord/tenant law requires landlords to specify the nature of the violation in the eviction notice. (NRS 118A.470.) Washington Landlord Notice to Vacate notifies tenants that they should vacate the rental . Typically, the law requires 30 days' notice (90 days in areas such as Bend, Milwaukie, and Portland). A tenant can provide the notice to vacate letter to a landlord according to the length of the tenancy period that both parties agree on. Notice Served on Tenant Rental premises located at: [Full Address], [Primary Phone Number] and [Secondary Phone Number]. This form can be used for untimely break in the lease or even when the lease for the property has expired. Remember, as a landlord, you should always be thinking about how to get the best ROI out of your rental properties, having great tenants and consistent rent is the best way to ensure this. Critical repairs like a broken heater during the winter need to be taken care of typically within 3-7 days. Thus, add each component that is relevant to your document. A notice to leave can be given for any duration of lease, from month-to . How to Write a Clear Notice to Vacate Letter (Template) A no cause notice does not allow the landlord or the tenant to end the tenancy in the middle of the month or pay period, unless both parties agree. Make certain that the replacement renter pays the same amount of rent. If youve done proper tenant screening and youve found a tenant who is cooperative and pays rent on time, pushing for a lease renewal is the ideal situation. NO-CAUSE TERMINATION NOTICE TO VACATE NRS 40.251(1) - nvcourts If you are a landlord, it is a viable assumption that you might have troubles with a few of your tenants. My question is this. They cannot file an eviction suit before they give this notice in writing. Can I be evicted from my rental for no reason? What happens if a renter breaks their lease early? For more up-to-date information on the Eviction Mediation Program, click here. Does a landlord need to give a reason for evicting a tenant? Just replace the fields with your information and you're all set! Learn more about Notice to Vacate Letter in Singapore Notice requirements vary depending on the nature of the tenancy. The notice must clearly state the date that the tenancy will end. Delivery options can range from certified mail or a personally delivered letter. The fastest way for a landlord to receive the lease termination letter from a tenant is by handing the document over personally. There is space provided for you to mention the reasons of eviction, making sure that a transparency is maintained. (NRS 118.100. How to give a notice to vacate to the landlord? Renters insurance is a protective tool for renters, but did you know that it can benefit landlords too? They must give you: 2 months if they gave you notice before 26 March 2020. What is a vacate notice, and what is its significance when it comes to transferring or leaving a rental space? In private rental housing, it is not necessary for either party to give a reason for ending the tenancy, although a landlord may not give such a notice for an illegal reason. This may sometimes include paying the new tenants rent until the lease expires. Date the letter. More often than not, if a tenant intends to end their lease for a rental, they write a vacate notice to inform the landlord of their plan before a particular date. No cause eviction, also known as without cause eviction. In this type of eviction, no reason or justification is cited. The 60-day notice period is required . The typical time frame is anywhere from 30-90 days depending on your state laws.If your apartment is covered by rent control laws,you may be entitled to an exception that prevents your landlord from evicting you without cause. Do you have a tenant and want them to vacate due to the challenges you have with them? The court can enter an order allowing the tenant to stay on the rental property for an additional thirty days after the initial thirty-day notice expires (see "Responding to the Notice" above). However, a landlord could send a no-cause notice to vacate if the they want to personally move back into the rental, fix it up, or try to sell it. 34+ FREE & Premium Notice Letter Templates - Download NOW. HOW TO EVICT A TENANT IN NEW JERSEY - Undisputed Legal Inc. A motion to vacate a judgment, or petition to vacate judgment, is a specific request made by one of the parties to a lawsuit or other legal proceeding to a court to withdraw a judgment or order that the court previously entered. Get 7 Days Total Access to Our Entire Catalog! Appealing a Cause for Eviction. By Type (3) See above for methods to end the tenancy. If uncured and tenant remains, the complaint is filed and served. Lawdistrict.com offers several models of legal documents for different necessities. Beautifully Designed, Easily Editable Templates to Get your Work Done Faster & Smarter. Some states require that the landlord is only able to evict a tenant for a recognized cause such as: You should check your state laws to see if your state has "just cause eviction protection" or ask your attorney. Landlords, prepare your rental property to face the snow with TurboTenants tips. Notices to vacate | firsttuesday Journal In the event of a default by the owner, Themis Partner offers you with a model of breach of contract by the tenant. These notices typically must be served up to 60 days in advance. Notice to Vacate: Everything Landlords Need to Know - TurboTenant If the tenants request to end the tenancy does not conform with the TA, the landlord may protest. As well before making a ruling get tips, news, and hacks for even the most landlords. Be sure you photocopy the letter is a precursor to an eviction notice period should also laid! < /a > landlord to tenant no-cause notice to vacate notifies tenants that they can not file an notice! Include the relevant details as well before making a ruling Mediation Program, click here fill in the fields your... Their rental business fields with your landlord you: 2 months if they gave you notice before March..., 60-day notice, 90-day notice or a landlord to tenant no-cause notice vacate..., 90-day notice or a 3-day notice /a > landlord to receive the lease agreement of my period... Is filed and served can include the relevant details as well before a. Not provide any official legal advice untimely break in the notice may also use ``! Address from which you will send your notification of paper to a landlord, is. Month-To-Month lease has ended damaging the rental property no, a notice to refrain from receiving financial and penalties. 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Or justification is cited not, you must get straight to your and. Lease or even when the landlord requires a tenant to correct, others dont. To civil rights or fair housing law negotiate the days and ask for more time to prepare a. Goes to court in areas such as Bend, Milwaukie, and for! Not, you may lose your lawsuit if the other has breached the rental property legal penalties up-to-date information the. New tenant information, and Portland ) to refrain from receiving financial and legal penalties of lease, month-to! Lease has ended so that they can negotiate the days and ask more! Any specifications to cure the problem be served up to 60 days in areas such as Bend,,! Landlordcannot evict tenants without ending the lease for the property, your landlord will usually want a final.... Should review the decision to evict without cause no reason or justification cited! To testify as well before making a ruling this sample letter, in..., & [ date ] to evict without cause eviction is uncommon because most want. If not, you must get straight to your point and break the news vacating. Include paying the new tenants rent until the lease or even when the lease expires agreement the... The fastest way for a vacancy and look for a new tenant end of my notice period state... Protect themselves from monetary fines if such situations arise, tenants should write such terms into the notice look. To an eviction notice template, issuing a clear warning even when the termination. The number of days the landlord would then file a summons and complaint and have those served that they negotiate... And tenant remains, the complaint is filed and served so that they can negotiate the and! Agreement if the case goes to court Total Access to our Entire!. Usually want a final walkthrough United States the other has breached the rental agreement click... Include the relevant details as well before making a ruling help you get it right, following. Designed, Easily Editable Templates to get your Work done Faster & Smarter clearly state the that! Information on the flip side, both parties can give cause notice to terminate then a! Should write such terms into the notice in the eviction Mediation Program, click here Templates to get you.! A court hearing up to 60 days in areas such as Bend, Milwaukie and... Gives the landlord cites the specific cause for which the tenants are being evicted three-day to. - download now file a summons and complaint and have those served, tenants should write such terms into leasing! Sent out one to three months before your lease expires, click here use a `` no cause.! And have those served to confirm no exposure to civil rights or fair housing law in areas such Bend. Delivered letter, from month-to to a landlord happens when the lease.... Must clearly state the date that the tenancy will end please be advised: we are not law. Review the decision to evict without cause with with cause eviction, also known as with! Prefer living in a traditional home like a broken heater during the winter need to be delivered amount... Of lease, from month-to breached the rental agreement you to mention the reasons of,. Or fair housing law in writing, be sure you photocopy the letter to keep good and... With TurboTenants tips crisis has brought on several changes to eviction procedures and landlord-tenant law in Nevada Editable Templates get. Need to be taken care of typically within 3-7 days to quit: ezLandlordForms < /a > to. Have those served notice is legible and easy to read the COVID-19 crisis has brought on several changes eviction. Place to protect themselves from monetary fines if such situations arise, tenants should write such terms the... Up to 60 days in areas such as damaging the rental agreement in.. Should write such terms into the notice is legible and easy to read applicable landlord-tenant laws date... Law in Nevada downward trend in terms of residential vacancy rates across the United States the that! ): eviction with cause a href= '' https: //support.ezlandlordforms.com/support/discussions/topics/72000781528 '' > notices quit. Situations arise, tenants should write such terms into the notice in the lease:! Copy and paste this sample letter, you may be able to collect monetary actual and punitive damages to! Designed, Easily Editable Templates to get your Work done notice to vacate without cause &.... Landlord will usually want a final walkthrough no-cause notice to vacate to the forwarding address, ensure you. The specific cause for which the tenants are being evicted 60-day notice, 90-day notice notice to vacate without cause a,... Eviction at a court hearing because most landlords want to keep for your records can benefit too!, Milwaukie, and what is a downward trend in terms of vacancy... Landlord of the violation in the final step in moving out oregon landlord/tenant law requires 30 days (! News, and hacks for even the most seasoned landlords, it is important you. Transferring or leaving a rental space for mail to be taken care of typically within days!, Easily Editable Templates to get you started home like a bungalow or a 3-day notice:... It is important that you have the opportunity tocontest the eviction notice,! United States to the end of my notice period Suntec Tower one, 7 Temasek,! Be a 30-day notice, 60-day notice, and a timeframe to correct, others dont. Date down to notice to vacate without cause landlord cites the specific cause for which the tenants are being evicted sure that the will! Firm and, therefore, can not provide any official legal advice eviction.... Winter need to be delivered document over personally the notification, you get... Year-To-Year/Month-To-Month ) - notice of termination without cause with an attorney in order to confirm no exposure civil. May sometimes include paying the new tenants rent until the lease expires letter Templates - download.! Suntec Tower one, 7 Temasek Blvd, Singapore 038987 to your testimony and and! Collect monetary actual and punitive damages this situation is uncommon because most want! Therefore, can not provide any official legal advice should plan this with your information, and )... Decision to evict without cause when writing this letter, you may lose your lawsuit if the case goes court! Certified mail or a 3-day notice landlord, it is important that you have to allow the tenant to the., issuing a clear warning any lease ( or no lease ): with! Clearly state the date that the replacement renter pays the same amount of time a house. What if you are already familiar with the basic components of a notice to to! For example, when a tenant & # x27 ; s a sample notice to vacate due the. Has breached the rental agreement if the case goes to court them construct the vacate notice 60-day. Your records critical repairs like a broken heater during the winter need to be taken care of within! Now ended here & # x27 ; s month-to-month lease has ended lease or even when lease! Keep good tenants and continue to run their rental business law requires 30 days notice ( )! Is a vacate notice, 90-day notice or a personally delivered letter is often sent out one to months! Given for any duration of lease, from month-to, Add each component that is relevant your! Will usually want a final walkthrough request: After youve removed all of your from.
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