WRITTEN NOTICES OF TERMINATION

60-Day Notice

On January 1, 2007, for tenants who have resided in the premises for one year or more, landlords who wish to terminate that tenancy are required to give 60-days notice.

Civil Code section 1946.1 requires the 60-day notice for tenancies of a year or more unless ALL of the following are true

  • The dwelling or unit is alienable separate from the title to any other dwelling unit.
  • The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a licensed escrow agent.
  • The purchaser is a natural person or persons.
  • The notice is given no more than 120 days after the escrow has been established.
  • Notice was not previously given to the tenant pursuant to CC 1946.1
  • The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.

30-day Notice

A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30-day notice on the tenant. Generally, a 30-day notice doesn't have to state the landlord's reason for ending the tenancy.

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90-day Notice for Section 8

The California Supreme Court has ruled that landlords who participate in government-subsidized tenancies (most commonly, Section 8 tenancies) must give tenants 90 days notice when terminating tenancies without cause. (Wasatch Property Management v. Degrate, 35 Cal.4th 1111 (2005).)

California Civil Code section 1954.535 requires an owner to provide a 90 day notice to a tenant of a termination or failure to renew a government contract. This statue is applicable to Section 8 tenant-based contracts for units in rent control and non-rent control jurisdictions. During the 90 day period, the tenant's portion of the rent cannot be increased.

When landlords wish to terminate a tenancy for cause (for example, because the tenant has not paid the rent, violated an important lease clause, or seriously damaged the property), they may use the quick three-day notice that advises the tenant to pay the rent (or cease the violation) or move out

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3-day Notices

A landlord can use a written 3-day notice (eviction notice) if the tenant has done any of the following:

  • Failed to pay the rent.
  • Violated any provision of the lease or rental agreement.
  • Materially damaged the rental property ("committed waste").
  • Substantially interfered with other tenants ("committed a nuisance").
  • Used the rental property for an unlawful purpose, such as selling illegal drugs.

 


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