60 Day Notice to Vacate - Notice to Terminate Tenancy for tenants and landlords in 2022
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- เผยแพร่เมื่อ 5 ส.ค. 2024
- Now that the California Eviction Moratorium is over it means big changes for California landlords and California tenants when it comes to ending tenancies. This guide for California landlords and California tenants explains the newest version of the Notice to Terminate Tenancy, also called 60 day notice to vacate. We run through a sample of a 60 day Notice to Vacate for California that applies after the California eviction moratorium has ended. We answer this and more:
✔️ What does a Notice to Terminate Tenancy in California need to include to be valid❓
✔️ What are the reasons that a California landlord can terminate a tenancy now that the eviction moratorium is over❓
✔️ What should a California tenant look for on a 60 Day Notice from a landlord❓
✔️ How should a 60 day notice to vacate be delivered to a California tenant❓
✔️ Where can a California landlord find a 60 day notice to vacate❓
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Sections
00:00 WIRE Associates intro from Christian Walsh
01:51 Notice to Terminate Tenancy
07:31 California Civil Code 1946
08:46 Other forms to terminate for at fault reasons
09:25 Properly deliver a notice to a tenant
12:20 Where to find the Notice to Terminate Tenancy
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Thank you for your informative videos Christian. I am a broker and in the field for almost 30 years, Your videos are always well constructed and easy to understand. Happy Holidays!
Very much appreciated, Joe, means a lot coming from someone with your experience! 😀👍
Great info, thank you!
Glad it was helpful! 😀👍
Thank you Sir you have been Quite helpful
Much appreciated! 😀
My head spins with the off/on of these moratoriums. I began renting my condo in LA in early 2020 to move closer to my family during covid. I didn't realize I'd be trapped, unable to raise the rent, which barely covers expenses nor can I return to live there to sell it and move . I'm also a senior living on social security and the small amount from the rent. My tenant indicated a move in July would work and I'm offering some financial & relocation assistance , but of course, now, she doesn't have to move at all.
Thanks Christian!
As always, thanks for watching, Khalila! We appreciate the support! 😍
Thanks
Christian do you have a podcast? you'll be good at it..I would definitely subscribe
Much appreciated, Brett! Maybe! Next up are TH-cam livestreams...coming January 2022. 😀👍
Hey Sir, thanks for the content. I’m curious to know is there a specific dollar/time line amount we need to put into a unit when evicting based on renovation? The RCJC isn’t very clear. Also, the RCJC needs to be signed before delivering the notices? The inherited tenants are month to month.
Thanks!!
Yes, AB 1482 language needs to be delivered first (that's what's on the RCJC). It may have been delivered if you inherited tenants, look through the lease and paperwork. Terminating for renovation should be major enough that it requires permits and the tenant would need to be out for at least 30 days. Discuss with a good local attorney.
Good thing you’re not in New York, our moratorium ends January 15, 2022. Landlords have had to take the brunt of the losses in order for the government to seem like the hero who has saved the day by not allowing eviction. But the reality is landlords have suffered greatly and government money has never reach them
I have a single unit that barely covers the expenses. Also a senior on social security and now can't even terminate the month to month tenancy whether I offer assistance or not. LL are not all wealthy corporations!
Good info
😀👍
I had habitable issues and quiet and enjoyment of the premises for 3 plus years. after ongoing runaround from landlord and manager, finally in 2021 i was told there was nothing that could be done and if it bothered me so much i could move. i was already in correspondence with legal council and code enforcement. after code enforcement came out and informed me to send them a letter and memorialize the issue and give them a deadline of when items need to be addressed by. The landlord came relayed he was very sorry did not realize how bad the issues were. he walked me to another unit stating if i switched units this would address the mold, nuisance etc. they stated everything would transfer over etc. fast forward 195 days later i received 30 day (no reason) notice to vacate stating i am a new tenant in spite being on the property 7 plus years. They then filed a UD and i am currently awaiting to be served to try and address in court that this is retaliation and harassment as well as defective. I am overwhelmed and scared they may win since i cannot afford legal council. Do you feel this is worth fighting and are there any recommendations of lawyers that work on contingence?
Hello Moz, sorry to hear this! You need to reach out for legal assistance ASAP. You can find free or low cost legal assistance by looking for Legal Aid in your area and/or visiting lawhelp.org...this is exactly why programs like Legal Aid exit, to help people in situations like yours. Good luck!
Our tenant has not moved out on sept 30 (after 60 day notice for just cause, nor has he paid rent by the way). How long does it take to file unlawful detainer these days and is it a 3 day window or more? We are in Santa Clara county. Any clarity would be welcome.
Time to hire a local eviction attorney...he or she will give the best answers 👉 www.wireassociates.com/eviction-attorney/
Thank you that was very easy to understand and informative! We just purchased our first 4 unit property which we plan on moving into. We are in escrow now. Do we need to wait until closing before serving the tenant with the 60 day notice?
Thanks for watching! No you don't necessarily need to wait, but the notice would need to come from the current owner, so you'll need to see if they'll draft and deliver for you (and you'll need to make sure it's done correctly).
@@WIREassociates thank you!
post office form 3817 Certificate of Mailing is about $1.50 and has been effective for me. i learned of it while watching some other landlord toss a deadbeat. the judge stated he considered it excellent proof. the tenant need not sign for it. i use it for ALL mailed communications, especially move out accountings
Great piece of advice, thanks for sharing!
Hi Chris , can we increase rent in lA county? And family move in but tenant behind rent and applied rent refills thanks
Check in with LA Housing Department to see if it's ok to raise the rent for your unit: housing.lacity.org/residents/rso-overview
I purchased a duplex with Tenants recently. Their is not any lease in place. Both tenants has been living there for few years on month to month. The property is in San Dimas, CA. Is the deadline to send the "60 days to end the tenancy notice" to my tenants on June 30th before the eviction moratorium will kicks in again on July 1st? Since they don't have a lease, do I need to pay relocation cost?
The end of AB 2179 isn't related to terminating a tenancy with a 60 day notice. Since that's LA County, you can't use a 60 day notice to terminate tenancy because of their eviction moratorium 👉 th-cam.com/video/YYv7BsqczWI/w-d-xo.html
Hey Christian, great content / video. After renting a SFR, (not corporate-owned) in Oceanside for 10yrs (currently Month to Month) and I was sent an email from the property manager stating my lease is being terminated (60-days) so the Owner can move-in - NOT a NTT and not Served. I Never received a RCJC from the PM (still subject to TBA?), and there is no provision in the lease for OMI. Of course no relocation assistance was offered (more than 15-days now) and no Abandoned property language is in the email. Is this legitimate at all, any advice / thoughts?? Thanks in advance !!
Thanks for watching, David! You've definitely done your research, hats off! That's not a proper 60 day notice and you would be owed relocation assistance because they haven't give you the AB 1482 exemption language. Not legitimate at all. Discuss the situation with an attorney ASAP and then you can tell them they are wrong now or later...your call.
Got a question? Couple days before getting my tenden out they pull a did not get any notice bs on me. Now I got to go to court day before they get kick out. Can they cancel my vecate them out?
Make sure you properly served the notice and kept proof...it sounds like they don't think you did serve it properly and that's how they are going to fight. Hire an eviction attorney to help 👉 www.wireassociates.com/eviction-attorney/
Landlord here. Tenant is backed up three months of rent and violating contract by having more people live in the apartment. Is it ok to give them a 30 day or sooner eviction notice at this moment? Los angeles area. Thanks
Those reasons won't work in LA right now due to the county and city eviction moratorium. Make sure you apply for rental assistance for the rent that they missed. You can always discuss with a local eviction attorney 👉 www.wireassociates.com/eviction-attorney/
Can you issue a 60 day notice to terminate tenancy in the middle of the month? Or can it only be in the beginning
As long as the lease doesn't specify a certain day to issue notices (it's rare, but some do), then you can issue a notice to terminate any day of the month.
I recently gave my property management a hand written 60 notification.
Now they want me to provide them with 6 months of bank statements and 3 months of pay stubs.
I'M MOVING OUT when my lease ends February 29th 2024!
Why would they threaten to start eviction processes if I don't comply with their requests.
Is this legal?!!
That doesn't make sense at all...discuss with an attorney if they continue to push.
If a landlord serves a 90 day notice to tenents for remodeling but then served a unlawful detainer lawsuit, which actions takes presedence? Or must you respond to both? I know you don’t offer legal advise but would appreciate your opinion. This is for rent from April, May and June 2022 after the lifting of the eviction moratorium in Fresno, CA.
Discuss with an attorney ASAP. Both are relevant, but the unlawful detainer for nonpayment of rent will be sooner (depending on when the 90 day notice was served).
@@WIREassociates Thank you so much for your timely advise!
Hey Christian, thank you for the information. We rent four rooms in a single family house, all of our tenants have a month-to-month leasing contract and we are wondering if we can just give a 60 day no cause eviction to get one of them out (they lived there for more than a year)? Also we are wondering if we can give notices to get everyone out to convert our business model to a whole house rental? Also our house was only completed in 2018 so well within the 15 years.
If everyone is month-to-month and the house isn't in an area subject to a local eviction moratorium, then you should be able to terminate all the tenancies with a 60 day notice.
@@WIREassociates Just curious. Being that you have to give them cash equivalent of one month's rent, is it best to offer cash upon vacating as opposed to last month's rent free? The reason being, if you give them last month free they could squat on move-out day, and you would also HAVE squat regarding any financial security; they'd be owing you. Whereas if you took the pay cash on move-out option, at that time you would be ZERO out of pocket and be holding onto THEIR money!
@@jakejones5736 Couldn't agree more, Jake, that waiting until the end would be best for a landlord (this is how Cash for Keys work), but CA law requires that either the tenant receive one month of free rent or the cash equivalent within 15 days after delivering the Notice to Terminate. The free month's rent seems to be the lesser of two evils in this case. Don't forget that most SFR and condos are exempt from relocation assistance, unless there is a local requirement (and a local requirement may mean a higher relocation assistance amount).
Hi Mara I will like to talk to you! Please
@@WIREassociates hello Christian; new to landlord issues. My uncle 79 years old has a family of ten living in one of his homes. The Catholic Church asked my grandmother to give sanctuary to a family of at the time illegal immigrant’s. She let them live in her home since 1998. When she passed away my uncle inherited the property and wanted to fulfill her promise. But he has had no means to pay the taxes or insurance so he asked the family to please pay those decided by twelve $500 a month for a 5bd 2bth 2670 sq ft home in the city of Los Angeles in a single family residence, so he could pay at the end of the year. The rent has been sporadic at best. Well the finances has caught up to him because he could not collect enough aluminum cans and bottles to cover them. His lawyer served them with eviction to which they replied with a million dollar lawsuit for uninhabitable unsafe and lead poisoning. The city inspectors office did the inspection and deemed all of the above. My uncle hired a lawyer he couldn’t afford (never had a job I know he has Asperger’s) a Relator that works for him said he could get him a private loan (dosent have to follow banking or mortgage laws) for 50k payable in one year< you know exactly what was going on here! My uncle called family finally (he has always refused help) and my brothers first question ‘did you have homeowners insurance?’ So a year of attorneys fees paid was handed over to The insurance company! Should have been the first question the Predatory Relator should’ve asked! My uncle had enough and quick claimed deeded the home to my mother a retired Relator. Both of my uncles homes are in ruin because he could not and did not understand that his well intentions made him a legal landlord that needed to follow the law. The rent could not cover repairs. So now my mom wishes to remove the tenants and put me there to care for my uncle and over see repairs as well as rent some rooms for income to cover repairs and such. The problem my mother has is that she too is 79 no income so no loans for her. The cash for keys is a conundrum but am I seeing the loophole is that we only have to pay them what they pay in rent x’s (2,3 months?)
What are your rights when new ownership occurs on the rental your in. We are month to month, in fear of rental increases or worse eviction? Thank you for your time.
If you're in California, they will have to follow specific laws to do a rent increase or terminate a tenancy. One way to potentially ease your worries would be to sign a new lease with the new owner so you know that you be covered for at least the term of that lease.
@@WIREassociates Even though I'm on the OTHER side of the fence, I LIKE your answer. That is exactly what I would do as a tenant.
I thought a 30 day notice was good if the owner needs to move into the property, did it change?
Thank you, good information over all!!! 👍🏼
Thanks for watching! Owner move in is treated like all other no fault terminations - 30 day notice if tenant is month-to-month and there for less than a year, 60 day notice if month-to-month and there over a year.
@@WIREassociates Except now isn't there NO terminations at all? The back & forth is very confusing. I'm a single unit owner & struggling financially. These laws are for wealthy corporations not single unit owners!
I am selling my rental home but never gave my tenants the exemption form. Can I give them the form when I delivery the termination of tenancy?
You should discuss with an attorney, but I recommend delivering the AB 1482 exemption form ahead of time, even just a day or two.
Hello Christian,
I hope you're able to answer my question. My parents were given a 60 days notice to vacate the premises, they have been living in the rental home for 10 years. I would say that house is about 15 to 20 years old maybe even more. My parents are finding difficult to find another rental as rent is very expensive this day. On the notice they provided does not specify the reason, according to the notice is because they want to do "major repairs or major renovations" . Can they still evict my parents when the 60 day notice is up?
This is where you'll need an attorney to review the notice to see if it's valid...if it's not valid, then they will have more time. You can find low cost or free legal assistance at lawhelp.org.
The landlord has right to do what they want it’s thier house, help your parents move to where they can afford to live, its not right to expect someone to pay you to live in their house, you’re renters fgs
Hi Monserrat , If your parents are 62 years old or has any disability. it; s very difficult for landlord to get your parents eviction. in reality landlord going to lose the eviction case. But Double check with wire associates. God blessing you.
if a person is given a 60 day notice to quit and after 60 day notice ends the landlord doesn't file eviction with court will landlord have to file another 60 day notice? or what will happen next
Discuss with a good attorney, the amount of time that passes may be relevant as to whether the 60 day notice needs to be reissued.
@WIRE Associates - Christian Walsh thank you for information. update I talked to legal services and there is no ststute of limitations on a 60 day notice. so landlord can go to court anytime and file for eviction
Do you have to put a reason in your notice to terminate the lease? Let's say the property in CA and is not in a rent control area. I heard you don't need to give reason.
My 60 day notice to vacate for repairs and remodeling will expire April the 30th, I have paid my rent From bank to bank , Is the notice still in effect? If the funds are not returned within a certain amount of time what does this mean.
Please advise, Do I need to go to consumer and business affairs?
Thank you
You need to discuss with an attorney (you can find free or low cost legal assistance at lawhelp.org). You are responsible for rent while you're in possession., but if they accept rent beyond the 60th day, it may invalidate the notice, the attorney will give you the best advice for your situation.
So if they owe Rent from April of 2021 to September of 2021 can I give this notice to a tenant in a single family house based on non-payment. The tenant is in San Jose, Santa Clara county not sure if I'm exempt from AB 1482 or not the house never was exempt before AB 1482 so I'm guessing it's not if it is under AB 1482 can I evict on the bases of non-payment? And does the landlord have to apply for the CA assistance program if they want to file a retainer afterwards.....?
This 60 day notice would NOT be for nonpayment of rent. If you're going to attempt to evict for nonpayment of rent, then you'll need to use a 3 day notice and you'll be required to apply for rental assistance. In either case, you need to make sure there isn't a local eviction moratorium still in place.
@@WIREassociates Curious: Is it truly a "3-Day Notice" (which actually could be as much as SIX days), or is it still 15 days?
@@jakejones5736 It's a 3 day notice, but the landlord must apply for rental assistance which adds time. If the tenant also applies for rental assistance, it adds more time waiting for an approval or denial. Definitely not like the old 3 day notice, which will be back in April 2022 if nothing is extended.
Is there somewhere you can search if a property is under TPA?
Some areas (like LA City) have database that can be searched. This video will explain better 👉 th-cam.com/video/3rf780Cg2xI/w-d-xo.html
What if owner gives you a 3-day notice to pay or quit, you pay the rent owed in 2 days and 2 days later they send you a 60-day notice to move "Notice of Termination of Tenancy Due to withdrawl of Property from the Rental Market" because they want to sell the property. I am in San Bernardino County
Yes, this can be done...you can be given a 60 Day Notice after a 3 Day Notice, but that may not be valid 60 Day Notice. Is the property exempt from AB 1482?
As far as I know it is not exempt from AB1482
Does it have to be this letter specifically or would a personally typed letter work? My landlord emailed me saying we decided to sale so consider this the 30 day notice. I know email is not sufficient, just curious to see if they mail something. Thanks for the information
No it doesn't have to be this exact one, but it needs all the required language on it to be valid.
@@WIREassociates Ever notice that almost every tenant is looking for some sort of loophole to get something for free, whereas most landlords are just trying to minimize financial damage? Just sayin'...
How much is the relocation fee to give to the renters? Reply pls thank u
It really depends on where the property is located and if the property is exempt from AB 1482 (and if you gave the notice that it is exempt). You need to see if there's a local regulation for relocation assistance (for example, LA RSO).
So did I understand correctly that property that is subject to AB1482 landlords must pay tenents relocation fees if they are evicted? Is this only with no fault evictions or all types of evictions?
A landlord is only required to pay relocation assistance for no fault evictions.
@@WIREassociates Thank you so much for your timely advise!
Termination of tenancy issued before the end of the moratorium are null?
No, not necessarily. There were valid reasons to terminate before the end of the moratorium and an attorney will help decipher whether it was a valid reason at the time.
Can you provide us with the 3 days quit or paid form
We're going to do a video on it this week...
When been terminated from tenancy, is rent still due for the remainder of the time?
Yes, as long as a tenant is in possession of the rental, rent is due. If the property is subject to AB 1482, at least one month's rent will need to be given to the tenant or waived.
The place we live if you want to break the lease we have to pay their rent even if we moved
Yes, that's known as being "rent responsible" until another tenant moves in (or your lease ends).
Hello christian, Joe here, Ive been at my place for 4 years, and have never been behind on rent, and worked my tail off to get this place 4 years ago. The real estate company that bought this place a year ago, has totally disregarded the things that where regulerly done here, (trash pick-up, maintnaice - hot water went out at landrary station, pest controrl- have seen someone in a year, and just over all issues that get ignored) A old gutter fell on my windshild and cracked it couple months ago. No reembrirsment, no reply and now i got a termanation of tenncy (june 15) 60 day, so my time is close, they also flat out stole my secruity deposit of 1200.00, and closed my online payment account (put in to my rentleger as if i was behind on rent or something, clearly the numbers dont add uip at all) , but i got screen shots of the unautherized charge. What can I do? I have know where to go and have accumulated alot over a 4 year time period? I think its an absolute crime to do what they been doing to me. Know one else is getting removed, and they have rasied everyones rent over 100 200 some 300 more than before, is that legal? so im just screwed wondering any help or guidence from your side from bakersfield CA thanks
Is this a house/condo or part of a rental community? You'll want to reach out to an attorney (try lawhelp.org) to determine whether the 60 day notice was valid or not...
If I get a 60 day notice can I leave on the 30th day instead of the 60th day ?
Yes, you can...discuss with your landlord if that's the plan and emphasize that they can sell (or re-rent) even sooner because you're leaving sooner.
Hello. Just to clarify...
How much notice is required to 'Increase Rent' 8% to a Disabled Tenant, whose resided in a 30-Year-Old L.A. County (Palmdale) property for 17 years?
30 or 60 Days?
Is an additional 5 Days REQUIRED if mailed?
Must that date be Postmarked?
What hapoens if Tenant RECEIVES Rent Increase Letter LESS THAN 30 Days until Rent Increase?
For Example:
* Rent Increase Letter dated December 1, 2021.
* Mailed / Postmark Date: December 6, 2021
* Tenant received letter in mail December 11, 2021.
* Date of Rent Increase: January 1, 2022.
Is this Rent Increase Legal and Valid?
Did Landllord give Tenant proper notice, and amount of time required by California /L.A. County Law?
If not, can Tenant refuse to pay the Rent Increase on January 1st, and continue to pay Current Rental Amount until Landlord gives him Proper Notice?
There may be a local regulation related to rent increases, so I would research that as well. State law would allow this increase to go into effect with a 30 day notice. If the rent increase is sent only via mail (and not post and mail), then yes additional time would be required for the notice and it may be invalid, but this should be reviewed by a local attorney.
@@WIREassociates
Thank You.
@@WIREassociates
Is the 35 Day notice calculated from the date of the Contract, or the date of the Postmark?
For example: Contract is dated December 1st, 2021, but the date of the Postmark is December 6, 2021 6pm.
The Property Manager claims that she took contract to Post Office on December 1st, 2021, but the Post Office did not mail it until December 6th, 2021.
Does the Post Office hold mail for that long without processing it?
@@Cali_Girl1 Run that by an attorney at lawhelp.org...and mention you other question about eviction as well. It's a 30 day notice plus 5 extra for mailing for an increase. So technically if she mailed it on 12/1/21 it goes into effect on 1/5/22...when did you receive it? You could ask for a few more days based on that potentially, but the attorney will help clarify.
@@WIREassociates
She claims she mailed it on December 1st before 5pm, but the Postmark reads December 6 at 6pm.
In actuality, we believe she wrote and mailed the Contract on the 6th, and backdated it.
We have dealt with shady tactics like these from time-to-time throughout the years.
Essentially, she is claiming that the Notice was in the possession of the Post Office from December 1-6, before it was Postmarked and mailed.
That seemed odd.
I spoke to a friend who works at a Post Office, and she says the mail is Postmarked the night it is received, or the next day at latest.
Since we cannot verify that she actually mailed it on the 1st, wouldn't the Postdate be considered LEGAL verification of the date it was mailed?
And, 35 (36) days from that date is when the Rent Increase can commence?
where can I get a copy of this 3day pay or quit form?
Your real estate agent will have one or you can join the local apartment association.
Question: We have tenants their lease end date is 11/30/21. We don't want to renew the lease with them after the end date. And they said will go to court. And now they blocked our email and phone not respond to us. What we can do now?
Evict them Down wait 🐥
@@mypeeps333 I know, How to process this? They blocked us.
We created this page to help you find a local eviction attorney, which you should consult with ASAP 👉 www.wireassociates.com/eviction-attorney/
Remember the good ole' days when everything was straightforward and you could easily end a tenancy? Well not no more. This is why you MUST contact an attorney who will guide you through the steps. More bad news: If you end up going the gamut, it will most likely be several months before you rightfully regain possession of YOUR property. And now the good news: Assuming you follow all the rules (hence hiring an attorney), eventually you WILL prevail! I have never lost a case (and yup, even when the tenant has a lawyer); and believe me I've been through many.
Is it too late to tell my tenants I am exempt from AB1482 (november 2022)? I rent out my condo where I lived before getting married and my tenants have been there for 6 years month-to-month with original lease from 2016. I had no idea about 1482. How long before I can raise the rent more than 10% if I am exempt from 1482?
Sounds like you'll still be able to...here's a video that I did on the deadlines for AB 1482 👉 th-cam.com/video/D9S9xYCMdH8/w-d-xo.html
@@WIREassociates Thank you; I watched that video - you do a great job! I missed the deadline of Aug 2021. Now, 15 months later, I'm unclear if I can give them 1482 exemption notice and have it hold up in court.
@bethw5998 Thanks Beth! If you didn't give them a new lease or rental agreement after that deadline, then you should be fine to give the exemption notice.
A new landlord bought the apartment building (California, Sacramento) I live in and they sent a 60 day notice to vacate to all of their tenants because they wish to renovate and make minor structural repairs to the building/units. I have a lease until March 30, 2023 and I have stayed in my apartment for over a year. They are requesting that I vacate without cause. Am I safe from this eviction? Do I have the right to stay in my unit despite the landlord/owner trying to break my lease?
You are protected from having to move out until the end of your lease, i.e. they can't give you a 60 day notice right now. You should get an attorney involved ASAP, you can try lawhelp.org for free or low cost legal assistance. They could offer to buy you out of the lease, but you can say no to this.
@@WIREassociates I have an update for you. They’ve sent me a notice that they will not be renewing my lease at the end of the lease term with them due to structural repairs, but under the City of Sacramento Tenant Protection program, I must be given the offer to reoccupy the unit after the repairs, or given a new unit to occupy for the same rental cost per month. Both of which they did not offer in good faith. The tenant protection program in my city also states that the landlord is required to offer a lease renewal if I’ve stayed in my unit for 12 months + 1 day. I feel like they are trying to displace me…
@@lydiatran7446 Good job doing your homework! Make sure they are aware of this...it might help to have an attorney draft a letter.
@@WIREassociates i will look into that, thank you!
Where can I obtain a copy of the legal addiction notice ?
Local landlord or apartment associations have the proper landlord paperwork.
Hi, i have bought a property through trustee sale, and there are people living in it. they are not the owner, the owner has died couple of years ago. Please, advise what to do ? or refer some decent lawyer. Thank you
You may or may not be able to get them out, depends on where the property is. Here's a list of attorneys 👉 www.wireassociates.com/eviction-attorney/
Can ur landlord issue this notice if the rent is areasy payed in advance from the emergency rental assistance? Or do they have to wait till the payments are up?
A notice to terminate tenancy is separate from payment of rental assistance...yes, it can be issued before payments are given (as long as there isn't a local eviction moratorium), but a landlord can't accept any rent beyond the final day for the notice.
So he had signed some paperwork on the rental assistance saying that he can’t pursue any kind of judgment for at least 60 days past the last month that the rent would be covered , and signed paperwork for that , should he not have to wait until those days are over to do anything? Since he signed and all or am I completely wrong ?
Also after he signed to receive the money , they payed 3 months of rent and a week after he signed and received the check he brought us a 3 day notice to quit , but than figured out he couldn’t do that and than ended up bringing us the termination of tenancy instead , is this right?
@@jamesowens5188 The 60 day notice is completely separate and not related to what he signed...he specifically signed to not pursue for eviction for nonpayment of rent. If the notice is proper and you don't move out, this becomes an at fault reason to evict not related to rent.
@@jamesowens5188 Discuss with an attorney ASAP!
Does these laws work for Alameda County?
Looks like Alameda is still under a countywide eviction moratorium so this notice won't work right now, but discuss with a local attorney www.ebrha.com/coronavirus.html
Hey I have a question I rent 2 bedrooms in a 3 bedroom house thats the only way the landlords would rent it. It's an older style nice house.when i moved in last September. I told them I was really uncomfortable with having no locks on all the bedroom doors.they told me everything after a month I got a text message that I still have that has my landlord admitting that they went into both of my rooms without my permission is that grounds for s counter suit
You should definitely reach out for legal assistance on this one to discuss with an attorney. You can find free or low cost legal assistance by looking for Legal Aid in your area and/or visiting lawhelp.org. Be sure to share a copy of the lease with the attorney to see if there is anything that prevents you from putting locks on or allows them unrestricted access (unlikely, but see what it says).
@@WIREassociates thanks for your response I appreciate it
@@WIREassociates My guess is that since the bedrooms are actually part of the living space, barring a specific contractual stipulation to the contrary, the tenant has no recourse. That said, in the same situation I would NOT enter the bedroom of a room-mate. Just makes privacy sense. [NOT an attorney]
You are a lodger not a tenant. If their are other renters then you are a tenant. Look up lodgers and rights
if a landlord and a tenant share a house, and they did not sign a written lease, could the landlord ask the tenant to move out because the tenant interrupts the landlord's normal life.Thank u
You'd need to give appropriate notice to terminate their tenancy...based on how long thy have been there.
@@WIREassociates got it, I very appreciate your help.
As a landlord, do I have to give notice that I'm not renewing a fixed term lease?
Depends on what the lease says...some convert month to month and some end. I think it's safer to still give a notice of nonrenewal.
@@WIREassociates thanks Christian. It's the standard C.A.R. lease so it would convert month to month, but I don't want that. The rent has been below market for two years, so I'd like to let the lease run it's course and create a new one with at market rent. The new rent would be above 10% increase, but I don't have any obligation to renew a fixed term lease nor do the tenants so would like this lease to expire
@@MrChuydog Make sure you're not under a local eviction moratorium. If not, you can send a notice of nonrenewal for the lease.
@@WIREassociates thank you! Do you know where we can get that form?
@@MrChuydog This is a PERFECT example of how so-called "Rent Control" actually ends up burning the tenant. How? Since you legally cannot increase their rent to market value, even if they agree to said amount, they have to move out while someone ELSE gets to live there. They'll most likely end up paying significantly MORE for their new home. Yup, the gears were turning smoothly for ALL parties before all this price control stuff reared its ugly head. The best fairest economy is a FREE market; but the communist leaders (voted in by fellow communists) will have no part of that. So yeah, if your tenants are freedom loving constitutionalists they're getting screwed by the system. But if they're commies, then they're getting just what they deserve!
I live in an AB1482 area for 24 years. My building was sold in July 2021and the new owners want me out. I am a no fault tenant. Is the new owner required to pay the amount listed by the HCIDLA or is that just a guide and the owner can pay whatever they want?
If the property is covered by RSO, then they must pay the amounts listed as the minimum amount that is offered. By sure to reach out to lawhelp.org to find free legal assistance for guidance...
Like alot of people, I'm looking for a good eviction attorney for Los Angeles County. Please let me know.
Thanks
We created this page to help you find a local eviction attorney 👉 www.wireassociates.com/eviction-attorney/
Thank you! Your work is greatly appreciated.
@@WIREassociates Not a fan of attorneys. That said, since eviction attorneys have been virtually unemployed for the past two years, I say good for them now that they'll be literally swamped with work!
Was told we'd have an $850 a month increase in WA. Then we were told it would be $650 more after we refused. They knew we've struggled through the pandemic but have them completely paid but are raising our rent knowing we can't afford to move nor afford the high rent Should be illegal, getting the news on the case sounds like a good idea.
We've also had an increase every year for the past 6 years , greedy.
Try owning your own home then complain, you just can’t afford it , nobody owes you anything unless you work for it. Everyone pays rent or house payments. Move to where you can afford it
@@pinchebruha405 Already owned 3 homes, sold & moved for better paying job.
Hi, anything on commercial real estate agreements and termination contracts. Your input would be valuable. Thank you
Thanks for asking, Ben, but no. Commercial leases tend to be less standardized, so you'll need an attorney to dissect the lease agreement and terms.
Can a tenant get eviction papers and a couple of days later also get 60 day notice?
That's an odd combo, TBH. Run all of the paperwork by an attorney, you can find free or low cost legal assistance at lawhelp.org. If the notice was for nonpayment of rent, they may have realized after the fact that's a slower process because the landlord has to apply for rental assistance and wait, an attorney will help sort it out.
@@WIREassociates landlord did eviction and 60 day notice with full acknowledgement that I the tenant had already applied for rent relief and was waiting to hear back. I also gave the landlord and his wife information on how to apply for help on the same program I had applied to.
So.. tenants have a free advise and assistance. And landlords have to pay?.... That's not fair. Tenants are abusive most of them
All part of the communist plan to tear down the producers and give to the lazy.
How bout landlords that make u pay rent for 4-5 months and then hit u w a 60 just cause and u paid rent since the pandemic hit since they Wanna raise the rains to a house payment? Plus the property was sold to new owner
@@renerodriguez6300 First of all, NO landlord 'makes' you pay rent. It is strictly voluntary. Secondly, what's wrong with a "just cause" notice? Do you not understand the meaning of "JUST"? Finally, since the property (supposedly) belongs to the landlord, are they not entitled to ask for whatever rent amount they want? Don't like the price, DON'T BUY! Simple.
Landlords and management companies like liabri management they take advantage and they don't do what they're supposed to do but they're quick to want to evicted tenant for speaking their mind or asking for repairs not all landlords are bad but not all tenants are either we just feel that we abused because we don't get what we're supposed to get but any little thing that attendant does they want to kick you out
Can u give 60 days noticed if they owed you money. Responce pls thank u
Yes.
@@WIREassociates Just the fact that she even had to ask such question speaks volumes about how screwed up our laws are.
So could they have given the 60 day before September 30th
Yes, but only in very specific circumstances. You should reach out to Legal Aid in your area and/or visit lawhelp.org for free or low cost legal assistance.
Not so. The eviction moratorium in Alameda County has not ended. Who knows when it will. My tenant now owes me 41,000 She hasn’t paid rent for almost 2 years. Not fair to me the landlord to have to let her live for free. The state should take care of her not me.
Correct, wherever there is still a local moratorium (Alameda and LA, for example), then this notice won't work right now.
How can I get the form from you?
We need to have a working relationship, feel free to reach out to discuss: www.wireassociates.com/contact/
I need some help to evict a tenant in Fresno California
More info on finding an eviction attorney here 👉 www.wireassociates.com/eviction-attorney/
I've been in a trailer wich is under my grandma name, she gave me 30 days to leave and since I have my kids mom living with me that she doesn't like she called the cops and said I dont live here and I haven't paid her anything for rent and now I have to leave in 4 hours with a 3 year old and 6 year old , I would like some help/advice of how to handle this situation, I have withdrawals of the 300 in rent on my bank statement and text and calls proving I've been living here , if someone can help me out on what I can do in really appreciate it
You need to reach out for legal assistance ASAP. You can find free or low cost legal assistance by looking for Legal Aid in your area and/or visiting lawhelp.org. A good local attorney will help you understand your rights in your specific situation. Good luck!
@@WIREassociates I appreciate it a lot, thank you.
What are your questions on the termination of a tenancy in California right now?
Hey Christian- thanks for all the info you've been putting out over the last few weeks. So glad California finally decided to rip the bandaid off and not extend these moratoriums.
We picked up two foreclosures last month- one is definitely occupied, but we're unclear so far as to their status (former owner/family member, tenant (bonafide or not) or heaven forbid squatters.
Do you have enough info at hand to do a video on regaining possession in these scenarios? I know there's a far smaller audience than the landlord/tenant situation but there's some overlap that many would be informative
@@Genesis--me8ud The end of the eviction moratorium means landlords can terminate tenancies again. And then evict if the tenant does not move out...
@@sawtooth1 Thanks for watching! That's a great question and it will become more relevant again since the foreclosure moratorium is over. I used to list REOs and am all too familiar. If it's a tenant (and there isn't a local eviction moratorium) and they are month-to-month they will need a 90 day notice. You can also try Cash for Keys th-cam.com/video/VxJH3Vqezpc/w-d-xo.html
Been renting a house for about 3 years, my lease expires April 2022, never paid late and I take care of maintenance by choice. I recently got an 60 days notice to vacate because landlord wanted to sell. I wanted to buy, but I don't think I have enough time. What are my recourse? Thanks.
@@creativeimage2 Discuss with an attorney from lawhelp.org to make sure the notice is valid and that you're not under an eviction moratorium still. Any interest in trying to buy the rental from your landlord? I did a video on this - th-cam.com/video/vEGVehZTSIU/w-d-xo.html
what if the landlord is harassing me and then threaten to evict me
You need to reach out for legal assistance ASAP. You can find free or low cost legal assistance by looking for Legal Aid in your area and/or visiting lawhelp.org. A good local attorney will help you understand your rights in your specific situation. Good luck!
I need a eviction service in San Clemente CA
You can start here 👉 www.wireassociates.com/eviction-attorney/
Silverstein sounds like a Winner , Thanks
Big problem is desperate landlords renting to anyone. I have NEVER in 50 years EVER had a background check done on me to rent a property.
cool, been saving for downpayment ready to buy next year
👍 Good...reading between the lines!
I'm so excited I'm so tired of free rides free rides free rides. Free rides handout after handout after handout after handout for the last 2 and 1/2 years got to go got to go got to go be responsible and pay your bills
J