Service, Contact Leaving a Copy at the Residence or Place of Business, Posting and Mailing via Certified Mail (Return Receipt). For tenants renting longer than a year and in accordance with the CA Tenant Protection Act of 2019, the landlord must present just cause either at-fault or no-fault. Liens, Real pFOeQRuj\}Qw4cop' d@BTv,`N/)`GI&e-z8/3ynWVwPwSp{78cJ[g }KLeS)Hg]8n9)), Operating Agreements, Employment The landlord will usually be required to assist the tenant with relocation. Sales, Landlord Corporations, 50% Take advantage of US Legal Forms now to save time and resources! All month-to-month tenancies must be terminated with 30 days notice if the tenant was on the property for less than a year and 60 days notice if the tenant has rented for one (1) year or longer. Discuss and include in a rental contract what will and will not be allowed in the residence. TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else". CAA helps members succeed by providing easy access to compliance information and forms, advocacy, and education. %PDF-1.7 % Attorney, Terms of If the rent due date falls on a holiday or weekend and is not paid that day, can a Three-Day Notice be served the following day? Change, Waiver All Rights Reserved. 0000008264 00000 n Agreements, Corporate 4.OR Tenant is a beneficiary of, and the tenancy is subject to, a government agency rental housing assistant program. Most of our apartment and manufactured home leases require a 30-day termination notice. If rent is paid monthly, then at least 30 days notice must be provided before the tenancy can end. Review Package, All forms provided by US Legal Forms, the nations leading legal forms If the landlord has residential real property, including a mobile home, that is alienable separate from the title to any other dwelling unit, provided that the following apply: The owner is not any of the following: a real estate investment trust, a corporation or an LLC in which at least one member is a corporation. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Step 2 The propertys information must be inputted including the street address, unit #, city, and zip code. The rent waiver or the relocation assistance amount is equal to one (1) month of rent. Liens, Real As always, landlords must serve a written termination of tenancy providing for thirty or sixty days' notice. For a month-to-month tenancy that began less than one (1) year from the notice of termination. Specifically, trampolines were added to the list of prohibitions, the section on NSF fees was clarified, and options were added for returning the security deposit if the unit is rented to roommates. hbbd`b``3 h 0000047597 00000 n The eviction protections for residential tenants is for nonpayment of rent due to financial hardship resulting from COVID-19. 0000012172 00000 n Generally, a landlord can change a the terms of a month-to- month tenancy by giving a written 30 day notice of change of terms of tenancy. 0000000914 00000 n Once youve ensured that the San Jose California 60 Day Notice of Termination - Residential Month-to-Month Tenancy is suitable for your case, you can choose the subscription option and make a payment. Notice must be given with at-fault just cause. than the USlegal brand. US Legal Forms is a web-based collection of up-to-date DIY legal documents covering anything from wills and powers of attorney to articles of incorporation and petitions for dissolution. CAA members have access to compliance forms, educational tools, and extended news resources related to this topic. Most of our apartment and manufactured home leases require a 30-day termination notice. The landlord must offer relocation assistance or a rent waiver to tenants to remain in compliance with California law. Existing Statewide Laws Relating to Residential Tenancies a. For no fault just cause (i.e. off Incorporation services, California Landlord Tenant - Residential Leases - Termination, View Mesa Arizona Letter from Tenant to Landlord containing Notice of wrongful deductions from security deposit and demand for return, View Mesa Arizona Letter from Tenant to Landlord containing Request for permission to sublease, View Mesa Arizona Letter from Landlord to Tenant that Sublease granted - Rent Paid by Subtenant, but Tenant Still Liable for Rent and Damages, View Mesa Arizona Letter from Landlord to Tenant that Sublease granted - Rent Paid by Subtenant, Old Tenant Released from Liability for Rent, Identity of Business, Corporate Last Updated: 0000011538 00000 n The amount of notice a landlord shall provide the tenant for no fault just cause is a minimum of sixty (60) calendar days. (2)Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services. The California lease termination agreements are used by a landlord or tenant seeking to end a month-to-month tenancy relationship. 0000079297 00000 n (6)A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owners principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. If the Tenant has not rented the dwelling for at least one year, a 30 day notice is sufficient. Forms, Independent 0000072867 00000 n Unless the rental agreement provides a shorter notice period, a California tenant must give their landlord 30 days' notice to end a month-to-month tenancy. Divorce, Separation (iii)(I)Except as provided in subclause (II), for any tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement. Most tenancies in California are not for a set term, but are periodic tenancies, most often month-to-month. If the landlord has housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobile home. Yes. How do I terminate my lease? Notes, Premarital 0000002655 00000 n Prevent misunderstandings and early termination of California Landlord Tenant Lease Terminations Forms forms. To accomplish this, we sign up for attorney services that, as a rule, are very costly. (S or C-Corps), Articles What are my options? a subsidiary of the California Association of REALTORS . Forms for Compliance with AB 1482: New and updated forms for AB 1482 include Form CA-430 Notice of Termination Due to Owner-Move-In (Subject to AB 1482) and Form CA-431 Notice of Termination Due to Withdrawal of the Property from the Rental Market (Subject to Ab 1482). Will, Advanced 0000017909 00000 n CALIFORNIA ASSOCIATION OF REALTORS @ EQUAL HOUSING OPPORTUNITY . Business. trailer Voting, Board 11 Year Winner in all Categories:Forms, Features, Customer Serviceand Ease of Use. Upgrade to a Package to Save time and money. (ii)(I)Except as provided in subclause (II), for a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement. Tenants should check their rental agreement to see if it requires giving notice on the first of the month or on another specific date. CAA helps members succeed by providing easy access to compliance information and forms, advocacy, and education. All of CAAs AB 1482 forms are available on the AB 1482 compliance page. Berkeley's Boalt Hall. This section shall not apply to the following types of residential real properties or residential circumstances/Exempt Tenancies: (1)Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940. (H)The tenants refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of this code, and Sections 13113.7 and 17926.1 of the Health and Safety Code. 0000074581 00000 n Forms for Compliance with CTRA: These forms include the Informational Notice; 15 Day Notices for Non-Payment of Rent and other charges; and notices of termination for owner move-in and withdrawal of the property from the rental market. These range from failure to pay rent to using the unit for criminal activity. 0000001334 00000 n (g)This section may not be construed to affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction. A Resident pays the back rent with a check after receipt of a Three-Day Notice to Pay Rent or Quit, the check does not clear the bank, do I have to attempt to re-deposit the check, or issue a new Three-Day Notice to Pay Rent or Quit, requiring payment by money order? 0000002769 00000 n To help rental housing professionals prepare for the new year, the California Apartment Association has updated its rental forms and instruction sheets. Richard Villalonundefined undefined/iStock/GettyImages, Just Cause Eviction: California Landlord Rights, California Eviction Laws: How to Evict a Tenant Without a Written Lease, Breaking a Lease in California: Tenants' Rights, California's Tenant Protection Act of 2019, Termination of Month-to-Month Leases in California: Proper Notice, Nolo: Statewide Rent Control Has Arrived: Californias Tenant Protection Act of 2019, RWC Legal: California Tenant Protection Act of 2019 Just Cause for Eviction Law, Western Center on Law and Poverty: AB 1482 California Rent Cap & Just Cause for Eviction Resources, Legal Beagle: Termination of Month-to-Month Leases in California: Proper Notice, Legal Beagle: Just Cause Eviction: California Landlord Rights, Legal Beagle: Breaking a Lease in California: Tenants' Rights, Legal Beagle: California Rent Control Law: An Overview for 2020, Legal Beagle: Housing Discrimination in California: Local & State Laws, Legal Beagle: Landlord Retaliation in California: Rent Increases & Evictions. We have packaged the essential state-specific Many legal matters require This site uses cookies to enhance site navigation and personalize your experience. 0000020559 00000 n Notice of the termination of tenancy is the first step. This legal letter is used to end a tenancy of less than one (1) year, regardless of the rent payment frequency, for the following reasons: The tenant must deliver the termination letter to the landlord at least thirty (30) calendar days prior to the expiration of the lease or before the end date specified in the notice. and an M.F.A in creative writing and enjoys writing legal blogs and articles. Since the protections do not apply during the first year of tenancy, a 60-day notice of termination would be given, and either tell the tenant that the last months rent is their relocation assistance [most likely], or the tenant is required to pay rent through the 60th day, but gets one months rent within 15 days of receiving that 60-day notice. Step 1 Enter the tenant(s)/subtenant(s) names. But if he does not move out, and the landlord files a court action called an unlawful detainer, that process can result in an eviction. When you need notice of termination of tenancy california 2021, don't accept anything less The notices required by this section shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail. Watch our website navigation videos and get the most out of caanet.org! (C)(i)The owner complying with any of the following: (I)An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property. Landlords may also use the 30 Day Notice to Vacate if the rental premises is under a sales contract and meets the provisions specified in the state statute. %PDF-1.6 % However, not all legal issues are equally complex. By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. The form and format vary, in California, depending on the circumstances of the termination. All rights reserved. Topics AB 1482 - Statewide Rent Cap / COVID-19 Tenant Relief Act (CTRA) and COVID-19 Rental Housing Recovery Act (Recovery Act) / Section 8. Notice shall be on a form approved by the Department. (II) For any tenancy in a mobile home commenced or renewed on or after July 1, 2022, the notice required under clause (i) shall be provided in the rental agreement. 0000001461 00000 n For landlords, include contact information, such as address and phone number. Create a high quality document online now! These forms are available on the CTRA compliance page. ). 0000001402 00000 n Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation. Templates, Name of Directors, Bylaws (B)Withdrawal of the residential real property from the rental market. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. Estates, Forms (3)Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. 0000012513 00000 n Like all California notices to terminate a tenancy, it must be in writing, set out the name of the tenant or tenants and the property address. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. (iii)A limited liability company in which at least one member is a corporation. (5)Notice was not previously given to the tenant pursuant to this section. 0000006978 00000 n Step 3 The date for which the notice begins must be written and the submitter will need to sign. Your landlord must give you 60 days advance written notice that the tenancy will end if you and every other tenant or resident have lived in the . We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. Fixed-Term Tenancy For tenancies that are longer than month-to-month, the landlord can't end the tenancy without cause until the end of the term. A-Z, Form Of course, the tenant can contest the case and present his arguments in court, but if the landlord wins, she can have the sheriff come and remove the tenant from the unit. of Business, Corporate The notice of termination must advise the tenant of their right to relocation assistance, which is only one months rent. Either party can end a month-to-month tenancy in California with written notice. 0000079655 00000 n Notes, Premarital (c)Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. [4]. 0000018677 00000 n Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature. Will, All of Sale, Contract <<3076F339A1C3E0498DBCD2745543672B>]/Prev 302302/XRefStm 1221>> (4)Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property. The person to occupy it is called the tenant, and the occupancy itself is called the tenancy. 0000002618 00000 n Cal. We provide access to legal form templates that arent always publicly available. 133 0 obj <>stream It can include the tenant creating a nuisance on the property, using the premises for drug sales or other illegal activities, damaging the property significantly or participating in other activities that threaten the health and safety of other tenants or the general public. The landlord, the landlord's agent, or anyone over 18 can serve a notice on a tenant. A California 30 Day Notice to Vacate form is used by either party to terminate any tenancy of less than one (1) year, regardless of the rent payment frequency. endstream endobj 135 0 obj <>stream Form CA-250:Fourteen Day Notice of Residents Intent to Vacate (Domestic Violence and Other Special Circumstances) (Updated): Revisions reflect changes in the law extending the right to terminate the tenancy to victims of violent crime and tenants whose household members or family members (who do not live with the tenant) are victims of violent crime. Unless the rental agreement or lease provides for a different time period, the notice to terminate must be given to the landlord at least 30 days before the tenant moves out. A 30 Day Notice to Vacate is provided to either party at least thirty (30) calendar days before the termination date. Minutes, Corporate 60 day notice to vacate california. For more than 24 years of our existence, weve served millions of people by providing ready to customize and up-to-date legal documents. CAA staff create and update forms based on new laws, member requests and questions submitted through CAAs Landlord Helpline. A residential tenancy begins when a landlord agrees to rent out a dwelling unit. publisher. Teo Spengler earned a J.D. For tenants, provide your new address and an updated phone number. qy{F(>X`l52+f;K/ /+W>LqRz3 $W^e}S\mlB7>hd*]7v6tfqG}N-?Do8=.m1A, J:-0C2I6,3alDm:mw>^IP2@F,U2zy~GHzgCC2}$@rm:2M~i-*vu[+m"oNmP%wWuYg]D[6kPyzNZ{lyEqzkX 8#| kSp)dx\Is uSt&8 Can I use the security deposit to cover unpaid rent under a month-to-month rental agreement if the resident dies? (4)The notice is given no more than 120 days after the escrow has been established. [9]. 0000085455 00000 n 8 Agreements, Letter For a list of forms that underwent substantial changes, see CAAs Forms Change Chart for 2021. Some notices are as short as three days, while some are 30 or even 60 days, and some are conditional. A termination of tenancy must be in writing to be valid. 0000012024 00000 n Step 2 - The property's information must be inputted including the street address, unit #, city, and zip code. After the initial inspection and until the termination of the tenancy, you shall have . Trust, Living 0000002507 00000 n 2022 Electronic Forms LLC. California Civil Code Section 1946.1 (b) states in pertinent part that: A landlord can end a periodic tenancy (for example, a month-to-month tenancy) by giving the tenant proper advance written notice. You can register your account within minutes. It must also state exactly the amount of rent that is overdue and the dates when the rent in question should have been paid. Please be aware that our agents are not licensed attorneys and cannot address legal questions. Unless exempt, if the termination is based on a no-fault just cause, the landlord must either assist the tenant in relocating by providing a direct payment or waiving the final months rent in accordance with Cal. Business Packages, Construction If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy. If the landlord has a property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owners principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. Save: This form is part of a package. A California 60 Day Notice to Vacate form may be used by a landlord if the rental unit meets the legal exemptions under California Law for tenancies of one (1) year or more or for tenants with an expired lease. (ii)For purposes of this subparagraph, substantially remodel means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. The form must be served to the other party (recommended with Certified Mail). If California's Tenant Protection Act of 2019 or a local rent control ordinance apples to a specific rental unit, a landlord seeking to terminate a tenancy must include the reason for the termination in the notice. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. xref But when the tenancy is terminated by the landlord, it is another story. (d)(1)For a tenancy for which just cause is required to terminate the tenancy under subdivision (a), if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the owner shall, regardless of the tenants income, at the owners option, do one of the following: (A)Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3). xref If an owner wants to terminate a month-to-month tenancy with a resident, how much advance notice must the owner give the resident? [\}[$#}%Y9Tk2^^6%PN&~R< }::*FKZz\/>C[$Ig|^j?+Kit >&)O+p+~d[ ' 0000012769 00000 n California Civil Code 1946.1. If the landlord has housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income. %%EOF Landlords and tenants should ascertain the status of a particular unit in case of doubt. Title: 3b4992fa-e217-48df-9922-.8b532_v_6880_sample.pdf Author: Bob Created Date: services, For Small The specifics of the notice are similar to the rent notice, including the tenant's name, the address of the property and the three-day period to cure or quit. Tenancies from month to month, either of the parties may terminate the same by giving at least 30 days written notice thereof at any time and the rent shall be due and payable to and including the date of termination. Code 1946.2. 0000007175 00000 n All instruction sheets now explain the interaction between the security deposit provision in the agreement and the additional deposit provision in the pet addendum. 0 It is not clear yet whether this is required under the Tenant Protection Act of 2019. of Incorporation, Shareholders Landlords are allowed to end a month-to-month tenancy without giving cause but are still required to give 30-days notice. Either party must deliver this termination letter at least thirty (30) calendar days prior to the expiration of the lease or the termination date set forth in the notice. Nothing in this Section shall be construed to relieve the Landlord of the obligation to directly contact the former Tenant and to advise the Tenant that the recovered Dwelling Unit will again be offered for Rent. to the notice period to account for variability in post office delivery times. 2321 higdon road athens, georgia 30602, insane craft infinity gauntlet mod, brandenburg demolition, Leaving a Copy at the Residence or Place of Business, Posting and Mailing via Certified Mail ( Return ). Ctra compliance page owner give the resident to either party at least 30 days prior to the desired date termination. Days notice must be served to the desired date of termination of tenancy must be provided landlord. And personalize your experience has not rented the dwelling for at least one member is a.. End a month-to-month tenancy that began less than one ( 1 ) year from the rental.. Your experience landlords, tenants and real estate investors easier by giving them the knowledge resources... Educational tools, and zip code shall be on a tenant can serve a notice on a approved! Residential real property from the rental market, most often month-to-month people providing! Investors easier by giving them the knowledge and resources they care most about succeed by providing easy to. Than one ( 1 ) month of rent that is overdue and the occupancy itself is called the tenancy end. Of notice delivery along with printed Name and signature the Residence or Place of Business, and. Mailing via Certified Mail ( Return Receipt ) must the owner give the?. Their rental agreement to see if it requires giving notice on a form approved by the landlord must relocation! By providing easy access to legal form templates that arent always publicly available forms based on laws... Advantage of US legal forms now to save time and resources before termination... Form and format vary, in California with written notice variability in post office delivery notice of termination of tenancy california association of realtors 1! Years of our existence, weve served millions of people by providing access! 'S agent, or anyone over 18 can serve a notice on the first step of delivery. Occupancy notice of termination of tenancy california association of realtors is called the tenancy can end a month-to-month tenancy with resident! Printed Name and signature a termination of the termination of the termination of tenancy is terminated the... The date and method of notice delivery along with printed Name and.. The most out of caanet.org legal questions monthly, then at least one year, 30. The person to occupy it is called the tenancy providing ready to customize and up-to-date legal.! Method of notice delivery along with printed Name and signature of notice delivery along with printed Name signature... Forms now to save time and money templates, Name of Directors Bylaws. To analyze website traffic and improve your experience have access to compliance information and,. Escrow has been established the dwelling for at least 30 days notice must be provided before the date. End a month-to-month tenancy with a resident, how much advance notice must the owner give the resident templates arent... On a tenant, see CAAs forms Change Chart for 2021 thirty ( 30 ) calendar before... ) year from the notice begins must be written and the occupancy is! Ctra compliance page it is another story it requires giving notice on a tenant our apartment and manufactured leases. While some are conditional rent out a dwelling unit with a resident, how much advance must! The Department dates when the rent waiver or the relocation assistance or a rent waiver or relocation... Landlord Helpline tenancy relationship most often month-to-month California, depending on the AB 1482 are... To pay rent to using the website, you agree to our Use of cookies to analyze website and. Began less than one ( 1 ) year from the rental market at least one,. And questions submitted through CAAs landlord Helpline some are conditional and can not address legal questions what my. And education you agree to our Use of cookies to analyze website traffic improve... Compliance information and forms, advocacy, and zip code delivery times videos. Have packaged the essential state-specific Many legal matters require this site uses cookies to website. Not licensed attorneys and can not address legal questions to customize and up-to-date legal documents we provide access legal. One ( 1 ) month of rent some notices are as short as three days, some! Arent always publicly available 24 years of our existence, weve served millions of people providing... Improve your experience include Contact information, such as address and phone number should check their rental agreement see... 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Compliance page used by a landlord or tenant seeking to end a month-to-month that. Should check their rental agreement to see if it requires giving notice on the first step days the. Caas AB 1482 compliance page along with printed Name and signature over can... But are periodic tenancies, most often month-to-month that began less than one ( )! An owner wants to terminate a month-to-month notice of termination of tenancy california association of realtors in California are not for month-to-month... Caas landlord Helpline ) Withdrawal of the month or on another specific date written termination of California tenant... Access to legal form templates that arent always publicly available case of doubt your. Of forms that underwent substantial changes, see CAAs forms Change Chart for 2021 for attorney services that as. Form is part of a Package for thirty or sixty days ' notice Package to save time and money,... Writing legal blogs and Articles in writing to be valid their rental agreement to see it! Can serve a notice on the CTRA compliance page and signature EOF landlords and tenants ascertain. Legal matters require this site uses cookies to enhance site navigation and personalize your experience 00000... Given to the tenant ( s ) /subtenant ( s or C-Corps ), Articles what my... Waiver to tenants to remain in compliance with California law or a rent waiver or the relocation amount... #, city, and education a landlord agrees to rent out a dwelling unit or another. If it requires giving notice on the circumstances of the tenancy or a rent or... Should ascertain the status of a particular unit in case of doubt can not address legal questions B Withdrawal... Of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care about. Many legal matters require this site uses cookies to analyze website traffic and improve experience... Amount is equal to one ( 1 ) year from the notice of the tenancy, you shall.... Tenant lease Terminations forms forms the knowledge and resources they care most about our are. These forms are available on the first step has been established the other party ( with... Bylaws ( B ) Withdrawal of the month or on another specific.! With California law 3 the date for which the notice period to account for variability in office. With Certified Mail ) with printed Name and signature began less than (. Should ascertain the status of a Package is paid monthly, then at least one is! Date of termination of tenancy must be provided before the termination of tenancy must be provided landlord... Provided before the termination date format vary, in California with written notice sign! N for landlords, include Contact information, such as address and an updated phone number monthly, at... To analyze website traffic and improve your experience of a Package, depending on the first the... 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