60-Day Notice to Terminate Tenancy – Guide for renters and landlords

Terminate Tenancy

Are you a landlord who’s looking to terminate a tenancy or are you a tenant who’s received a notice from your landlord? We are about to run through the updated 60-day Notice to Terminate Tenancy for the state of California. We’re gonna explain whether you need a 30-day notice, 60-day notice, or 90-day notice We’re gonna cover how the Tenant Protection Act, or AB 1482, makes a dramatic difference in the termination of a tenancy.

We’re also gonna run through the biggest mistakes that landlords make with the Notice to Terminate Tenancy, including if this one paragraph is not on the notice, it is completely invalid. There’s a lot of confusion among landlords and renters about exactly what this notice does and how you’re supposed to get it. So this guide will explain to both renters and landlords, what is required when it comes to the Notice to Terminate Tenancy.

So two important points. Number one is we can’t give tax or legal advice, And number two, make sure you understand your local legislation related to the termination of tenancies and relocation assistance. Whether you are a landlord or tenant, you need to know what local laws are in place that changes how a Notice to Terminate Tenancy is given, or even whether a Notice to Terminate Tenancy can be given.

Newest Notice to Terminate Tenancy

Newest Notice to Terminate Tenancy

Let’s dive into the latest California Association of Realtors Notice to Terminate Tenancy. This one is dated June of 2022. So it is brand new. And it’s very important to note that you must use the proper language in your form. You don’t necessarily have to use this exact form, your apartment association, or landlord association should also have forms that have the appropriate language on them.

We’re gonna show you some stuff that if it’s not on there, this notice is not valid. That’s important for landlords and important for tenants. It gives you a way to potentially fight back on the Notice to Terminate Tenancy. So, landlords, you’re gonna wanna make sure you do it right. This is for periodic tenancies. And what does that mean? That means most often month to month. And that means that they can’t be under a lease.

If a tenant is under a lease, the landlord must honor that lease. Can’t go ahead and cut it short just because a landlord wants to. So a landlord can give this notice when a tenant is a month to month or going to be month to month. That’s when this notice will go. Up at the top is self-explanatory.

Next, we get into the Tenant Protection Act of 2019, and I’ve done other content on AB 1482. For a property that is exempt from AB 1482, you’ll see in this form, the landlord doesn’t need to give any reason for the termination and does not owe relocation assistance. If the property is subject to the Tenant Protection Act, a landlord’s gonna have to check one of these boxes in the upper part here and is going to owe relocation assistance to the tenant.

Terminating Tenancy for Property Subject to AB 1482

Terminating Tenancy for Property Subject to AB 1482

All right. So you either use paragraph two or paragraph three, do not use both, okay, one or the other. And paragraph two is if the property is subject to AB 1482, and paragraph three is if it’s exempt. So the property that is subject to AB 1482, the Tenant Protection Act, the landlord has to give a reason for the notice of termination. And these are the reasons, these, the only reasons the landlord can terminate a tenancy through no fault reasons, which means it’s not the tenant’s fault.

As you can see the tenancy is terminated with a 60-day notice. And that is in the case of a tenant who’s been in place for a year or longer. And we’ll explain when the 90-day notice is required when we get into the next paragraph. So reason number one is a family move into the owner or the owner’s spouse or domestic partner or child or grandchild or parent or grandparent that straight line.

They are going to move into the property. It also requires that certain language was given to the tenant and it could have been in the lease, or it could be on the form they mentioned here the RC JC form. The number two owner intends to withdraw the premises from the rental market. And that means. Permanently. It’s not gonna be a rental anymore. In several areas, this would be considered the Ellis Act.

Number three, the owner intends to demolish or substantially remodel, and the law defines substantial remodel as something that’ll take longer than 30 days, and requires permits, it can’t just be cosmetic. And then the fourth is if the owner is complying with a government order. And the next big important thing, and I’m glad they finally added it to the form.

I don’t know why it wasn’t on previous forms the relocation assistance. AB 1482 requires the landlord gives minimum relocation assistance of one month’s rent. It could be given within the first 15 days, or it can be a waiver of the last month’s rent. Be sure to check your local area, to see if there is more relocation assistance required.

And then B is if a 30-day notice if the tenant’s been there for less than 12 months, a landlord can give a 30-day notice in lieu of a 60-day notice. And if you’re going with B, the 30-day notice, because the tenant’s been there for less than a year, no relocation assistance is required in this case.

Terminating Tenancy for Property Exempt from AB 1482

Terminating Tenancy for Property Exempt from AB 1482

Moving on to paragraph three. So these are properties that are exempt from AB 1482, and the landlord is not required to give a reason for terminating the tenancy, nor is the landlord required to give any relocation assistance. A is if it’s a tenant who’s been in place for over a year, they get a 60-day notice, B as if the tenant has been there less than a year, they get a 30-day notice.

So technically you could use two B or three B. In this case, either one should theoretically be valid for a tenant who’s been there less than a year. C is the special case for a 90-day termination. And that is if the tenant is essentially getting housing assistance. So Section 8, being a popular one, it would be required that they receive a 90-day notice.

And then D is a special case. If you are going to try to terminate faster, it has to be a property that’s in escrow and meets all these other requirements. Then the tenant can be given a 30-day notice, but I personally haven’t come across this and I don’t know how excited an eviction attorney would be about this particular one.

So run this by your attorney before you use 3 D, cuz it’s a little more complicated. Moving on to more important things that literally make or break the notice.

Terminating Tenancy for Property Exempt from AB 1482

Number four says that a tenant can be essentially evicted if they don’t give up possession by the due date, by the date they’re supposed to be out, but this makes a very important assumption. And that assumption is: that the notice is valid.

So that’s why as a tenant if you receive this notice, you make sure you reach out for legal assistance. You can go to lawhelp.org for free or low-cost legal assistance. And landlords, you better make sure you hire an attorney before you deliver this form so you can make sure you’re doing it correctly because if this notice isn’t invalid, you go ahead and you get to start back over, landlords.

Get that clock ticking again. And let’s hope the tenant doesn’t try to, uh, accuse you of harassment, as well. So there could be several issues that come up if you don’t do this correctly.

California Civil Code 1946

Now, number five, state law permits tenants, et cetera, et cetera, et cetera, that is required by California Civil Code 1946. And if this is not on the notice. That notice is not valid. This is probably one of the biggest mistakes besides not delivering the proper amount of time. And besides not delivering a notice properly, this is the one that landlords miss.

They do not have that on notice. If you “Google it up” and I recently google a Notice To Terminate Tenancy for California. I found websites that are big professional legal websites that don’t have that on that form. If that is not on there and you move to an unlawful detainer, landlords, you will lose. It is required. So that’s very important.

All right. Number six is, that you need to know your local regulations. There may be more stringent regulations related to terminating tenancies and in some areas like LA County, and LA City, right now under the eviction moratoria, you can’t terminate a tenancy using this form cuz you can’t terminate a tenancy under a no-fault reason. So that is very important to know. And some areas have additional amounts required for relocation assistance.

So number seven talks about some other forms and those do not apply in this case. Those would be the forms you’d use for at-fault reasons to terminate a tenancy where the tenant has done something wrong. And that is very different from this form.

The proper delivery of the notice

The proper delivery of the notice

And the other major, major mistake I see happen by landlords is not correctly delivering the notice to terminate the tenancy. So can a landlord text this? Can a landlord just email this? No, those are not valid ways to terminate a tenancy. And I have tenants asking me this as well. So if your landlord doesn’t follow this process, I’m about to go through, the notice may not be valid.

So there are two separate tracks that are on here, and this is kind of a receipt as well that you can use to show that you have properly delivered this notice. Oh, and one other important thing. If you, as a landlord, do not want to deliver the notice. You’re worried about it happening correctly. You can hire a process server, just go ahead and Google that up.

Google up the “process server” in the city where you want the form delivered. And the process server will take care of doing it correctly and give you an affidavit to show it was done correctly. So there are two different tracks on here. So we have. Track A, which is A, B, and C. And then we have D which is an alternate.

So for A, B and C we’ll run through that really quick. This is the order that a landlord must attempt to deliver the notice or the process server and number one or A would be personal service. And that’s where the notice is actually handed to the tenant. Or a tenant that is on the rental agreement or lease that is considered personal service.

Number two or B would be substituted service. So that is where you knock on the door and you hand it to another adult, somebody who’s 18 or over in the house. That is considered a substituted service, and that is valid as well. So you gotta first try knocking on the door and giving it to the tenant, knocking on the door, giving it to another 18-year-old person or older, and then C would be the last possible way you could do it. And that’s posting and mailing.

And that means you, knock on the door, nobody answers and you go ahead and you hang it from the door. I always take a picture when I do that. Take a picture so you can show the address shows it’s there, and then you are going to mail a copy. Now, I like to send it via registered mail, not certified mail. And I’ll explain that in a second, as well, why we do that.

So, that would be the first route to go. You go A, B and C go in that order. So D would be the other track, the other route to go. It’s the alternative. And that would be that you just send it via certified or registered mail. Now, what’s the difference between those two? Certified mail, the tenant is gonna have to sign for it. Registered mail, the tenant doesn’t have to sign for it. In both cases, you get a tracking number.

The problem with certified mail, if the tenant won’t sign for it, then it isn’t effectively delivered. So that’s why I prefer registered mail because I get that tracking number. And I know it’s been delivered. Now, if you’re gonna go this route, you can see here, that it says it takes additional time for the notice. So what was a 60-day notice, would become a 65-day notice.

So just bear that in mind, if it’s in another state, it’s another 10 days. And if it’s outside the US, it’s 20 additional days. So you go one or the other. So that is the proper service of the Notice to Terminate Tenancy.

One more hot tip!

One last hot tip and this is related to the Tenant Protection Act. And I have other content on this make sure you watch my other videos on AB 1482, cuz there’s a very important point as a landlord.

If the property is exempt from AB 1482, for example, it’s a single-family home or a condo, that would be very helpful for the landlord because they don’t have to give a reason and they don’t have to pay relocation assistance, but landlords, in order for the property to actually have the exemption, the tenant needs to receive the exemption language. One example of that form, the RCJC is the Rent Cap Just Cause addendum.

That’s the one we have as Realtors. You can use other forms as long as it has the proper legal language on them. Technically the exemption language should be delivered before delivering the Notice to Terminate Tenancy or potentially the Notice to Terminate Tenancy is not valid.

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