60 Day Notice to Terminate Tenancy - Guide for renters and landlords
ฝัง
- เผยแพร่เมื่อ 5 ส.ค. 2024
- It’s time for an update on the California Notice to Terminate Tenancy! Do you know whether it needs to be a 30 day Notice to Terminate Tenancy, 60 day Notice to Terminate Tenancy or 90 day Notice to Terminate Tenancy? This guide for California landlords and California tenants runs through the newest version of the Notice to Terminate Tenancy, aka Notice to Vacate. 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 for a property subject to AB 1482 and how much relocation assistance is owed❓
✔️ Why is AB 1482 important to the Notice to Terminate Tenancy❓
✔️ How should a 60 day notice to vacate be delivered to a California tenant❓
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📺 AB 1482 - Tenant Protection Act - Updated Guide for California Landlords and Tenants 👉 • AB 1482 - Tenant Prote...
📺 DEADLINES for AB 1482 - Tenant Protection Act - Guide for California Landlords and Tenants 👉 • DEADLINES for AB 1482 ...
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Sections
00:00 WIRE Associates intro from Christian Walsh
01:51 Newest Notice to Terminate Tenancy
03:37 Terminating Tenancy for Property Subject to AB 1482
05:53 Terminating Tenancy for Property Exempt from AB 1482
08:06 California Civil Code 1946
09:26 Proper delivery of the notice
12:38 One more hot tip!
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Thanks for taking the time to make this update.
Thanks for the continued support, Robert!
WoW!! So very clear! Thanks again for this important information!!
Thanks Lin!!
Looking forward to this video .I got a verbal 60 day notice although not in writing so I don’t plan to move until I get it in writing . I read it’s the law in California to have it in writing .
Yes a verbal 60 day notice is as good as the paper it's written on. 😀 (yes, it needs to be in writing and has to have special language we discuss in this vid to be valid, plus needs to be properly delivered.)
@@WIREassociates great timing for me !!!!
great video ///// thank you so much.!!!!!!!!..I live in LA county South Bay Lawndale/REDONDO BEACH .......my landlord just casually told me he sold the house end of April ..and I had until July20th I have lived there 7 1/2 years ............ I have been in such panic...put most of my stuff in my storage unit...although the tenets in the front of house I rent told me not to worry until I get the proper paperwork ....your video confirms this to be true .
I'm looking forward to this
Thanks Victoria!
Dear Chris, appreciate all your videos!
Much appreciated, Shant!
Excellent video, thank you. Do you know how I can determine if the property I live (rent) at is exempt from the just cause provision of AB 1482? I live in a community of quadplexes managed on site.
Thanks! Here's a thorough video on AB 1482. If they are 4plexes , then your unit is NOT exempt 👉 th-cam.com/video/3rf780Cg2xI/w-d-xo.html
Hi Christian! Thanks for all theAB 1482 info you have been providing. I have a question regarding Owner terminating tenancy for no fault just cause-Owner (my mother) (my father passed away 1 year ago). Subject property consists of main house, which is and has been my parents' residence these past 40+ years, and 2 ADUs- my brother resides in one of the ADUs and a tenant has been renting the 2nd ADU since September 2015. The rental agreement, signed by both my parents and the tenant, is dated 9/21/15 and ran for a period of 12 months-it has never been extended nor amended. My mother is 89 years old and wants to terminate the tenancy on the 2nd ADU so I can reside in it while my mother ages at home. No Notice has been given to the tenant pursuant to AB 1482 (rent is and has always been $1,950.00 per month plus utilities - however tenant has never paid utilities-another matter altogether). The ADU is not exempt from AB1482. The language in Cal.Civil Code 1946.2(b) 2A(ii) says any lease signed on or after July 1, 2020 ....but does not address a rental agreement from Sept.21,2015. And of course the 2015 rental agreement does not have any provision allowing the owner to terminate the lease should owner unilaterally decide to occupy the residential real property. Any direction you can point me in on this situation?
Hi Kira, one other important relevant detail is where is the property located, for example, if it's in LA City or LA County, you'll have to wait for the Eviction Moratorium to end before terminating for owner move in. For a tenancy started before 2020, you shouldn't need to give the owner termination language, but an attorney will give you the best guidance on this. And you will owe relocation assistance to the tenant 👉 www.wireassociates.com/eviction-attorney/
The content of this form seems to be identical to the last one from Oct. 2021. I think they just changed the format from Oct. 2021. Anyone notice any content changes?
Hi Christian. My lease for 1 year will terminate this month. The owner is intended to sell his house in 2 months. he told me he will give me a 60-day's notice to vacate. In this 60 days can I vacate the house as soon as I find a house to move to or I should give him a 30-days' notice. I don't know why the owner is asking me a 30-days notice.
Hi Christian, thank you for these videos and side note: your eyes are hypnotizing! Quick (hopefully) easy question for you. I couldn't find a video about this on your channel. (TL;DR: Can you please clarify the 120-day notice to sell rule in California?)
Background: I signed a two-year lease with my the owners of my condo, commencing March 2024. Last week, the owners' realtor reached out to me letting me know they want to sell the unit ASAP to purchase another home. They kindly offered me first dibs, but I'm not in the position to purchase it. Things are moving fast and the realtor wants to come for photos this week to have the property listing up by end of week and have an open house by the end of the weekend!
Question: Are they required to give me 120 days notice of intent to sell before putting their property on the market and hosting open houses in my current residence?
I have this clause in my lease: If Landlord has in writing informed Tenant that the Premises are for sale and that Tenant will be notified orally to show the
premises (C.A.R. Form NSE), then, for the next 120 days following the delivery of the NSE, notice may be given orally to
show the Premises to actual or prospective purchasers.
I'm finding it difficult to get clarity here. One one site, I read that: If you’re selling rental property with tenants, you’re obligated to provide them with ample warning of your intent. In California, this means you must provide your renters with written notice of your decision to sell the property at least 120 days-or roughly 4 months-before you can begin showing the place. After this requirement has been met, you’ll need to give your renters at least 24-hours of verbal notice prior to every showing.
Is the above accurate? I'm concerned for my privacy, safety and security at this point. They want to take pictures of my possessions (since the place is already staged) and place ads online with my current address, while I'm still here for five more months. I have content on the internet with my home and I'm scared to have my unit online with the address tied to it. I'd also prefer not to have strangers in my home this far ahead of when I'm moving out -- I'm a sitting duck. I understand it's their property, but I also need to understand if they're breaching our contract. Is my ignorance being taken advantage of in this instance? I'm stressing out. Thank you, Christian!
Thanks for watching and reaching out! I know that post you read and unfortunately it's inaccurate...they have misunderstood Civil Code 1954 (leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1954) related to entry, specifically (d) (2). The law doesn't require 120 days BEFORE showing, it allows a landlord/agent to give VERBAL notice (instead of written) for 120 days after notifying the tenant of the sale. And yes, there is case law that has established that an agent can hold an open house in tenant occupied properties. TBH, this isn't how we list and sell tenant occupied properties, but not every agent does it the way we do. Of course, you can reach out to an attorney to discuss your rights.
@@WIREassociates Thank you for clearing that up, Christian. Really appreciate it!!
Great info. Two questions:
1) How do you prove the Personal Service option?
2) In my situation, my ex moved in with me two years ago and for a year and a half I've been begging her to leave. I'm renting the house from a landlord. She isn't on lease and has never paid a bill or rent. Doesn't even have a job. Is this the path I would take to get her out of my house?
Thank you for such a good channel!
1) Usually an affidavit is sufficient for proof of personal service. You could take a picture while handing it over, but that isn't required.
2) That's a complicated one that you'll need to discuss with an attorney. You're technically not the landlord (unless your attorney says this is a sublease), which means that your landlord would be the one to evict...
Hi Christian, thank you for all the informative content. Your videos have been very helpful! I have a question re: an Owner Move-In situation. I own a triplex in the City of Los Angeles under the RSO. I applied for Owner Occupancy for one of the units in late 2019. LAHD approved and processed it on Jan 31st 2020. I was unable to serve the tenant the 60 Day Notice prior to the Eviction Moratorium that was implemented in March of 2020. When the City Moratorium expired on January 31st of this year, I consulted with my case mgr from LAHD and he confirmed that my eviction is in good standing and that I could serve my tenant the 60 Day Notice BUT he suggested I consult with an attorney re: the County's Extension before moving forward. He also mentioned that LAHD does not enforce County Laws. I know that Owner move-Ins are now allowed but the County Requirements differ quite a bit from the City. I read them as being more prohibitive than the City and I am referring to the County's provisions for the carve out for Own Move-Ins created in July 2021. So if, in fact, the County Moratorium applies to the City of LA as well unless the City's requirements are equal to or greater than the County, I find myself unsure how to proceed. Not sure if my case is even impacted given that it's approval preceded any of the County's requirements. I have consulted with a couple of Attorneys and am still unclear if i can move forward now and not run into problems. I wanted to get your thoughts as to whether you feel I should go ahead and move forward now OR wait until the County's Moratorium expires on March 31st. I realize you are not an attorney but am interested in your perspective. Thank you in advance!
Thanks for watching! Yours is definitely a unique situation and you'll have to rely on what an experienced attorney believes. This sounds like a scenario that ultimately a judge will have to decide if the tenant contents it and you end up in court....so there's no guarantees either way. You may just want to wait until April 1st, but this of course could change if LA County extends their moratorium.
@@WIREassociates Got it. Thanks for the feedback. I appreciate it! Best...
Thanks a lot, Christian. What steps should a new owner take if acquired tenants refuse to move out at the expiration of a 60-day notice (expired after close of escrow) given by the previous owner?
Discuss with an eviction attorney ASAP! Assuming the notice was lawful, you'd be able to move forward with an unlawful detainer.
Christian,
We received a 60 day notice with the total wrong form stating she's performing repairs that will require permits. She's money hungry and wants to increase the rent $1k vs the standard 9%. Does she need to have permits approved prior to serving the 60 day notice? I am fairly certain she will never actually get permits and perform an actual remodel. We're in SD county. Thanks for all you do.
Hi Mike, run it by a local attorney from lawhelp.org. Some areas in California are more strict on requiring the permits ahead of time. Did she also waive one month's rent?
Can you explain a no fault eviction notice and whether a tenant is still required to pay rent for the 30/60 days ??
We cover the no fault categories in this video (they are essentially the boxes you can check on the form). Yes, a tenant must pay rent until the end of the notice and move out.
What do we do if our landlord doesn't want to pay us relocation and said he doesn't care about an ordinance because he texted us in April and that was 100 days instead of the 60 and wants us out in the 60 days no matter what? We are in an unincorporated area of LA covered unter RTSO.
THANK YOU FOR THIS VIDEO AS WELL!!!!!!
Run it by an attorney, but don't move, fight him in court and win (because he's doing it wrong). Eventually he'll have to do it the right way if he wants you out.
Thank you for this video! Does the landlord need to provide 60 days notice of termination of tenancy when choosing not to renew a fixed term lease? In this case, it's the second year after being renewed after the first year. Landlord is selling property.
It depends on what the lease says, but in most cases, no, a 60 day notice isn't required to end a fixed term tenancy, but is required to end a periodic tenancy (month-to-month). Of course, the landlord will need to check local laws.
Is there suppose to be a time in the future where LA County landlords would not be required to pay relocation assistance, and just the 1 months rent reimbursement
Potentially for non RSO properties, but no timeline on it.
At time 4:49 you state that the property will be permanently removed from the rental market. I thought for an owner move in, the owner, or direct family member, is only required to live there for three years. Am I confusing different circumstances, different jurisdictions? Thanks
Removing from the market and owner move in are two different no fault reasons. A 3 year stay for owner move in would be a local requirement, not state requirement.
Do you have any videos or is there a process to do a tenancy termination for at fault reasons here in CA? This one only deals with not-at-fault situations- consistently paying rent late(up to 3 months late) has only paid timely 4 months spread out. This form, the Tenancy Termination only references the Notice to Cure or Perform covenant or Quit. Which ask them to fix the issue, pay the rent due and then everything remains the same, the month to month contract remains and landlord has to continue to put up with the late payments, I've searched and can't seem to find an at fault form where it allows to terminate tenancy and give him 60 days or so? Does one exist? or is the landlord's only recourse to go through the eviction process?
Hi Lily, I have a video on the 3 Day Notice to Pay or Quit and will be doing a new one soon, but there isn't an at fault 60 day notice. If your tenant is late, but pays after being given the 3 day notice, then you can't evict.
Chris in this phase 2 if your tenant has signed up for housing is key and was denied and do not pay rent from July 2022 until Dec 2022 my place is in LA County do I have to just let them live for free but I must suffer pay utilities repair anything that need's fixing and of course pay taxes
which our law makers seem too think we have that magical tree that we can just pull money from simply insane
In LA County, you can still evict for rent missed in May, June and July 2022. This video explains the loophole for LA County 👉 th-cam.com/video/1izXb7a5mSY/w-d-xo.html
Hello, i visited an attorney that works for the city of Sacramento at the courthouse. He gave me a simple form to serve. Its for 30 days , for less than 12 months. It does not look like your example. There are three paragraphs only. The last paragraph quotes the essential language concerning "state law permits former tenants" so on and so on.
The rest says he has the 30 days and he has the right to an in spection concerning his security deposit. Do you think i should use your longer form or the one i was given? Can you please tell me were i can find a copy of your updated form. Thank you
That form sounds sufficient, especially considering the source, but I'd recommend hiring an attorney to make sure it's done correctly. Did you deliver the AB 1482 exemption language to the tenant, yet?
Hello Christian, April 2023 is almost here and I want to get the jump on the eviction train for owner move in since there will be a tidal wave of evictions. IF LA county does not amend the March 23' rules, Does this June, 2022 video still apply especially for the renter assistance funding? please advise thank you soo much.
Thanks for asking, Joe. Yes, if nothing changes and it's not in LA City and not RSO, then this video is correct.
I am a tenant in orange county. I have been served a 60 day notice at no fault. Property manager plans to demolish and rebuild. I was told I would get 2 months rent if I leave within the first 30 day period, if I leave at the 60th I only get 1 months rent. I have lived here for 7 years never been late on rent and have lived here through a few different property managers. I have always taken good care of my unit and have not had many major repairs. I believe the new manager is doing this because they want to put a huge increase on rent, which would be about a 30% increase. I was told I could reapply afterwards if I wanted to. Is this fair? I feel like I should be getting more to relocate. Any feedback would be greatly appreciated.
If it's in Santa Ana, you may be entitled to higher relocation and/or they may not be able to terminate your tenancy. Elsewhere in OC, that's the process. You should reach out to an attorney to discuss 👉 lawhelpca.org
Hello 👋 I love you content thank you so much for all the info .
Here is my situation
My landlord lied to me about fixing the house (Fresno Ca) instead brought a buyer to the house . Next day he called me to tell me he was selling the home . I’ve lived here for over 6 years payed my rent on time every month .
I’m now on a month to month agreement .
He has never repaired the house . My husband and I have always repaired it ourselves !!! I have 4 children under the age of 10 and with rent being so high right now we haven’t been able to find anything we can afford . He stated that he had already sold the property but hasn’t yet (The potential buyer came to knock on my door to ask about the home )
I got a 60 day notice on July 18th 2022 but he didn’t quite put the correct address or my full name on the paper work is this still valid?
He agreed on giving me $3500 but hasn’t done so . Covid-19 really messed us up financially and I have no money to pay my rent to either an apartment or house !
Any advice
Thank you
You need to discuss with an attorney ASAP, try lawhelp.org for free or low cost legal advice. The notice may not be valid because of these things, but the attorney will give you the best guidance. Did the landlord ever deliver an AB 1482 exemption notice? (Watch this video 👉 th-cam.com/video/3rf780Cg2xI/w-d-xo.html) If not, that could make the notice invalid.
If I am selling my home does that fall under owner intends to withdraw the premises from the rental market?
No, technically that that doesn't qualify for withdrawal of the premises from the market.
Is this form valid if the rent amount was not included in the Relocation fee area? They did select the second box (indicating the full amount would be provided in 15 days) but the actual $_______ was left blank.
That probably would not invalidate the form/notice as long as they deliver the one month's rent within 15 days.
I served my tenant a 60 day notice. Now I received a letter saying I am harassing her which I do not and asking for extension for 60 day notice. Do I have to give her extension? She’s renting a room in a single family home no lease agreement.
This is when you need to get an eviction attorney involved to protect your interests.
Do I need a reason to end the month to month tenancy ?
Hemet ca,
Property built 1977 ,
I purchased during the pandemic
Property had No rental assistance
4plex apartments
Last record of a lease was from 2015
Tenant is not 62 or older ,no rental assistance for the tentant during pandemic , we appreciate your time and knowledge stay blessed.
Glad you asked! Yes, this property is covered by AB 1482, more info here 👉 th-cam.com/video/3rf780Cg2xI/w-d-xo.html
Hi Christian, I'm a landlord, and I would like to know how to calculate the 10% rent increases. The current rent is $2,150.00 per month. $2,150 X 0.10 = $215 rent increases per month. So the total rent would be $2,365.00 per month after rent increases. Am I right? How often can I raise the rent, a year or half a year? Thank you.
Yes, that's correct and it would be a 30 day notice. Technically you can raise rent twice per year, but the total increase can't exceed the 5% plus CPI (capped at 10%). So you could raise it $215 at once or split it up into 2.
GREAT VIDEO! How do we get a copy of the latest form?
A good, local real estate agent or join an apartment association.
When does the "Notice of Exemption" box on the RCJC get checked? If it's a single family or condo? If read AB 1482 correctly, most single family homes are exempt from the state imposed rent cap. Correct?
We explain AB 1482 and exemptions in this video 👉 th-cam.com/video/3rf780Cg2xI/w-d-xo.html
GM Christian. This is a house in the city of covina, los angeles county. This is a 4 bedroom house, 3 bedrooms are being rented. Each bedroom individually, so there are 3 different renters that each pay for their own room and they share kitchen and bathroom. Well, it seems that 2 brothers are the owners of the house. One brother rented the house to these 3 renters but he was not living in the house. Now the other brother moved to the house and is occupying the 4th bedroom. He told one of the tenants that he has to move. This tenant is my young brother. There was never a written contract for my brother. He paid monthly by paypal. My bro rented this room for almost 2 years, however he was given only 30 days to move out. It is my understanding he was supposed to be given 60 days. But what about the relocation fees? is he supposed to be given 1 month free rent? is my brother entitled to relocation fees because owner moved in? Thank you for all your help
Technically, he probably can't be asked to move out because of the LA County Eviction Moratorium, but if it's owner move in and that's allowed in this scenario, it would be a much larger relocation assistance amount (watch this video 👉 th-cam.com/video/2uCqgbXTcKA/w-d-xo.html). He needs to reach out to an attorney at stayhousedla.org and/or lawhelp.org.
One last thing, you said something about a relocation fee. Is it a law that landlords have to waive last months rent? Or it’s if they want to or not. My landlord is still asking for last months rent.
If the property is exempt from rental assistance, then there isn't any relocation assistance due (unless a local moratorium says it is) in which case you would owe the last month's rent.
Can you provide a sample of the NTT form you used in this video? I have looked for it online but only finding the 6/2020 version.
It's very easy to misuse this form, so I rarely give out copies. You can try asking a local real estate agent, a local apartment association or hire an attorney to help with the termination (that's your best bet).
Can I give the AB1482 notice now (to tenant of 6 years) and then the following month serve the 60 day notice to terminate tenancy? Will this hold up in court since I missed the Aug 2021 deadline? Thanks for the videos. Do you list properties in San Diego?
The short answer to all 3 questions is yes. 😀 You can reach out here to discuss 👉 www.wireassociates.com/contact/
Thanks so much for your constant dedication to help tenants know their rights. So, I’m in La County, Manhattan Beach and renting for 13 yrs the same studio. I received a 60 day notice, but it was nothing like the form you showed us. I know they must give a reason, and would not when I asked why. They thought I would move out w no questions asked. I didn’t move. Property mnmgt came by July 1st knocking and were furious that I have not left. However, now they will not take my payment for July, so I’m kinda stuck wondering what I need to do next. Never been late or ever missed a rental payment.
Any thoughts??
Basically they are doing everything incorrectly. That's an unlawful termination of tenancy and you need to reach out to an attorney ASAP. They may also be responsible for fines. Visit this site to connect for help 👉 www.stayhousedla.org/
@@WIREassociates thanks! I have been in touch w stayhousedla, but they continue to tell me no one can do anything without an eviction notice…
To find a local attorney that knows a lot about this, & our local ordinances has proven to be super difficult. It’s a very unsettling time….
Again, thank you so much for all you are doing to help us with the most up to date information 🙏
@@bd12077 That has been exactly our experience as well. AS LANDLORDS!
Same thing happened to me and I’m in Torrance, I sent a certified copy of the la county moratorium and a letter stating that I’m not moving out because I’m protected under ab1482 and they backed off ! Didn’t need a attorney for that part.
@@christycuara648 thank you for this info. There has been no budge from the property management. In fact, they refuse to speak w me, not take or acknowledge my rent. It’s awful. Could you possibly show me the exact copy of the LA moratorium you sent? Thank you thank you !
Question, I live in this apartment for 14 years, it’s office business and it has 1 apartment up stairs. On Covid 19 the owner of this property his business went bad and sold the property.
He never raised the rent.
The new landlord is not doing well, we live here for long time, we use to pay $925 and now she increases it 2 times, now it’s $1199, she also ask to increase to $2000 this didn’t happen because of CA law.
Now she send us the 60 days notice with “No-fault cause”. Checked remodel but without the “permit” as the other comment stated in this video.
Also all the property cameras are off, and our washer and dryer breaks down and she doesn’t help us to get it repaired or replaced. I had to paint the front door. The house needed some repairs and paint that are not done.
When she bought the property there was no trash I decided to apply and pay for it.
If I don’t move out to get the court hearing will this hurt my credit score as stated on that 60 day notice?
Permits for no fault terminations of tenancy are not required for notices until 4/1/24. Unless you're in an area that has the requirement, like LA City. Have an attorney review.
How do I obtain the, Notice of Termination of Tenancy (Intended to be Used for Periodic Tenancies) revised 6/22, you are using as your example? Is the form for the public because I cannot find a blank copy of it online or should I visit my city halls housing department?
A local real estate agent will have the correct form. Also, most local landlord/apartment associations have the correct paperwork, we recommend joining a group in your area.
I just found out my landlord is selling the property I’m renting. I’ve been renting for 21 yrs. They didn’t tell me verbally nor with a written notice. I found out Thursday morning because I saw a for sale sign in my lawn. Then they wanted to come in inside on Saturday to take pictures but I did some research and asked for a written notice therefore they didn’t come in. I did tell the landlord I would take Saturday as the verbal notice. My question is what proceeds after that? I live in LA. How many day notice do I fall under? And how much would my relocation fee be? My family and I have paid all rent we have never bothered them. She is the one who decided to be sneaky.
That's NOT how to handle a sale...very sorry to hear that you're being treated this way. Are you LA City or LA County? You're protected by the local eviction moratorium right now and your tenancy cannot be terminated easily, you should discuss with an attorney ASAP. If LA County, your tenancy can be terminated for owner move in potentially and you'd be owed big relocation assistance 👉th-cam.com/video/2uCqgbXTcKA/w-d-xo.html
I live in city of LA.
Can I give the AB1482 Notice of exemption now if I missed the deadline? The tenant has been in the home over 5-6 years with no new lease still original lease that was 1 year and then went to month to month. Do we need to resign a new month to month lease with the new information? Will the exemption hold up in court if we decide to terminate tenancy later?
Watch his video on missing the deadline 👉 th-cam.com/video/D9S9xYCMdH8/w-d-xo.html
Question, Please correct me if I am wrong. I thought if a landlord gives a no fault notice and the tenants have been there for more than 2 years and is disabled or a senior and given a 60 day notice that they can't collect rent while under the 60 day notice.
No, rent is owed until a tenant is out, unless there is a local ordinance that stipulates otherwise. One exception: if the property is subject to AB 1482 and the landlord waives the last month's rent as the relocation fee, then rent wouldn't be due for the last month.
I want to send my tenant a 60 day notice becasue their lease is up. What is the correct form to use and do I need to provide a reason?
It will depend on what your current lease says and where you are. You'll need to discuss with a local attorney.
Just got a 60 day notice for not filling out a rental application... I've been here for 11 years.
That's not a valid reason for a 60 day notice, discuss with an attorney ASAP.
@@WIREassociates I delivered a notice of non renewal to my tenant on June 20th, I posted on front door after he didn't answer door, I also mailed certified with tracking, I texted him and spoke via cell that day as well, he is lying and claiming he never was notified because he doesn't want to leave, I am certain he is going to not leave in a timely manner and I will have to fill unlawful detainer
Where can we get access to this form? I'm only seeing older version of it online.
You can ask a real estate agent in your area or join a landlord/apartment owner's association in your area...they will have similar forms that you can use.
What happens if a landlord gives a 30-day notice at "No Cause" because she is taking over the bedroom. I did sign a lease in the beginning stating that I could be evicted at a 30 day notice. Now I guess my question is... Does the AB1482 make it to where she has to give me a 60-day notice or is it still just the 30 from the original agreement?
If you've been there over a year, a 60 day notice is required...you can't sign away this right.
Question: On the day of termination of tendency, can the landlord show up and knock on the door of the tenant to see if they have vacate the property? Or I still have to give a 24 hours notice to to the tenant that I will be at the property (even if they are or are not at the rental property). If I have to sent a notice to show up, can it be text or email?
Do you mean the last day? No, not really required...set up a time with the renter to meet at the property for the key exchange.
Hi thank you so much for your context. I have a question. I gave my tenant 60 days notice to vacate after a year and a couple month tenancy. He ended up moving in 30 days without giving me notice. He said he texted me and hasn’t. Is he legally liable to pay the last 30 days?
Theoretically you are still owed a 30 day notice, but the good news is that the tenant is out and you can move forward with your plans. In contrast, there were several years recently where you couldn't give a 60 day notice.
Hi Christian, we live in Diamond Bar rent for a single family house. Our one year lease expired at May this year and about one month before it expires, we called the landlord and she agrees to rent months to months after it expires. However, she then changed her mind after the lease expired and says I have to sign another one year lease with raised rent$400. However, i didn’t agree and she accepted my rent after the lease expired til September…(4months) And she sent me 60 days notice of termination of the tenancy saying i’m exempted from the TPA but on our original lease, she didn’t check that box. Also she charged us 4 months rent as deposit though we have good credit score and we never owe her rents, and also occupying one of the room with her belongings without our consent. When we point out those things, she never addresses it and responds. What should i do.
Discus with an attorney...she is doing a lot of things incorrectly as a landlord and hearing form an attorney may help straighten things out. 👉 www.lawhelpca.org/
So there a standard form to download that states the exemption other than the RCJC?
Technically, all it needs by law is the exemption language that's in the legal code.
Hello I have a question ! I got a 60day notice of termination of tenancy ( tenancies Exempt from state and local just cause) is this an eviction ! Will this be on my record
That is a no fault termination of tenancy meaning that you didn't do anything wrong. Most people think of an eviction as the court process as part of an unlawful detainer action, which is NOT what you received. There isn't anything to go on your record.
Help!! If my landlord served me with a (no fault ) 60 day notice does he have to give me a relocation letter attached with the 60 day notice or does he have to evict me so he can give me relocation assistance
Relocation assistance is only required for certain properties and/or in certain areas...discuss with a local attorney to see if you are owed relocation assistance.
Isn't there a due date, July 1, 2020, that the the Rent Cap and Just Cause Notice should be sent to tenants?
I discuss the deadlines for AB 1482 in this video 👉 th-cam.com/video/D9S9xYCMdH8/w-d-xo.html
If I own single family home and I’m not a LLC so I should be exempt from AB 1482… do i need to provide reallocation assistance to tenant when doing no fault eviction?
In some areas (like LA City) you do, but most of California, no. As long as you gave the exemption language.
Are there any protections against evictions for seniors age 67 on a lease? And if they have health conditions?
Not really, unless there is a local eviction moratorium.
@@WIREassociatesokay, thank you for your help. I wish orange county had the moratorium as LA County, but i guess not
Christian, I live in LA County and I gave my renter a 60 day Notice in September of 2021. I stated it was for family movie in. I gave it after the first moratorium ended, and before the second one began (LA extended moratorium). Was that unlawful? I know that’s a question for my attorney, but I’m nervous. She’s taking a while to respond.
You would need to follow these steps for owner move in for LA County 👉 th-cam.com/video/2uCqgbXTcKA/w-d-xo.html
@@WIREassociates thank you. I called the LA county and they said that was not permítable. LA County said they could technically try and sue for harassment bc of that. Since then I have hired attorney’s for everything I do. But … still scary that this is potentially looming if they decide to become vengeful.
Help! Is the 60 day notice valid if it doesn't have a paragraph on how to rectify the 60day notice. It doesn't tell you if you should pay rent, sign a paper, etc. To stop the 60 days.
There may not be a way to stop the notice depending on the property type and what the termination is for. Have an attorney review the notice ASAP.
Hi Christian, my family and I have been living in a home in SD county since May 1, 2022. We’ve had a great relationship with the landlord since the beginning. The home is in a trust and the mother recently passed away in August. Her kids now want to sell the house. They text me on Aug 25 that the latest we could stay would be until January 15 2024 as they want to list the house for sale. They gave us an opportunity to put in a bid to buy but when we declined their asking price we received a generic letter December 1 saying we needed to be out by the 31st of December. I reviewed our lease along other docs and did not find anything regarding ab1482. We have been month to month as of May 2023. It is a single family home. Not sure if there is any action we can take as we still haven’t found a new place yet. Any tips?
Sounds like they are doing this incorrectly...you should find an attorney. It doesn't sound like you were given proper notice to terminate your tenancy, so you DON'T need to move, but an attorney will clarify.
Landlord says he is going to move into our house, but he has a record of saying this same thing to others units he baught and never moved in, mater of fact he rented out the units within 20 days at a higher rent.
I'm told this is illegal.
Also keep in mind ours is a 4 units property in Arcadia Ca.
All tenets received the same later that says he is using the property for personal use.
Please advise.
Thank you.
You definitely need to reach out to an attorney ASAP...ideally someone who can represent al 4 of you.
Can the 60 day notice be service in phase 3 of the moratorium or after the moratorium are over.
Phase 3, maybe, but stay tuned because the phases may be changing.
I have a question so my lease started March 2021 and ended March 2022 after that I did not sign no month to month contract or anything things like that. Now this year he gave me a 60 day notice is this legal?
Potentially legal, but it depends where you are and whether there are any local protections in place. It will also depend if they gave you an AB 1482 disclosure when you signed the lease. Try reaching out to Legal Aid to discuss.
Hey if I stay after the 60 day notice can the landlord lock me out and keep my stuff or does he have to take me to court? I'm a month to month tenant with just a verbal agreement no contract and the landlord lives in the garage and we are renting the house
The next step would be an unlawful detainer action, which goes through the courts...the landlord can't legally just lock you out.
Where can I get a updated 2023 60 day notice to terminate? Is there a website? Thank you!
You can get one from a local real estate agent you know or join an apartment/landlord association to get the form, but be very careful in using it...there's a lot of ways for for the termination of tenancy to go wrong.
I signed a lease agreement for one year and then it went month-to-month. On the month-to-month section there was a stipulation of only having to give me 30 days notice, but not on the year-lease part. I've lived there with my family for over two years and my landlord just emailed me 45 days notice "to be nice". Does CA law supersede the contract language? Should I ask for a formal 60 Days to Vacate? Thank you in advance!
Discuss with an attorney ASAP. Yes, state law supersedes.
@@WIREassociates Thank you so much!
Can a landlord agent do a walk through while I have a 60 days notice.. does it have to be 2weeks before I get out
With proper legal notice, the landlord and agent can enter. The walkthrough between you and your landlord would be a separate thing within two weeks before move out.
Never got a written notice. I have till the end of this month to vacate. I only got a verbal as of Mothers day. Nice morhers day gift
Are you month-to-month or is the lease ending? If month-to-month, it needs to be a written 60 day notice.
@@WIREassociates its month to month. Kids want to move in it. Thanx
@@tomcisneros5965 Discuss with an attorney...they are doing it wrong.
@@WIREassociates ok. Thanx so much.
So can’t terminate a month to month lease due to selling the property, and new owners can’t terminate the lease either. Wow
Depends where the property is and what the property is. For example, if it's exempt from AB 1482 like most houses and condos and not in an area with local just cause protections, the landlord can terminate the month-to-month tenancy without giving a reason.
@@WIREassociates riverside county, I looked into it and it seems like no fault evictions are back there.
Hi Christian, I received a note handwritten 60 day notice left in my mailbox. Land lady date 11/01/23 but received on 11/22/23. I've been here 7 plus years.
No postage or envelope. Is this even legal?? I'm a senior 64 with lung cancer living in a 55 plus community.
Discuss with an attorney ASAP (try www.lawhelp.org/). It doesn't sound like that notice was properly served and probably isn't a valid notice.
Hi im a tenant of 10 years. The owner was in foreclosure and sold to a property management company. And they posted a 60 day notice to vacant. What are my options?
You may have additional rights depending on the type of property and where it is. Discuss with a local attorney.
I received a 3 day notice to pay rent or quit and a 60 day notice of termination of tenancy and I’ve reached out to my landlord but they won’t answer any of my calls or emails
Definitely reach out to an attorney to discuss ASAP 👉 www.lawhelpca.org/
Can I break a lease agreement if there is crimes and drugs and gangs occuring within the apartment complex and neighborhood?
That is possibly a valid reason, but you should discuss with an attorney first. to make sure you do it properly.
Also all tenants have been living in units longer then 13 plus years
Hi, I was served a notice by my landlord that they were ending my month to month agreement. I’ve lived in the unit for over 2 years, the notice is giving me less than 30 days to sign a lease and or decide to vacate the unit if I please. I am in a rent controlled city. So they were not suggesting to increase the rent, just to have me sign a new lease agreement. What are my options here if I was not served a 60 day notice? Also the notice did not look like the one you showed. Any forms I can send to the landlord? Thank you for you help!
Is there any reason you wouldn't sign the lease? That's actually an at fault reason to terminate a tenancy if a tenant won't sign a lease at similar terms...
@@WIREassociates Hi, I’m not opposed to signing a new lease but I may want to move as well. I just want the proper notice so I can decide. The letter was really confusing being that it had 3 different dates listed and none were 60 days in advance. The property isn’t even providing me a 30 day notice. What do you think I should do in this situation?
Just got a 60-day Notice to Quit and the landlord's reason is "intends to move in to the current residence ". How is the word "intends" even fair for tenants?
Hey Christian, thanks for the info. How much of a notice does your landlord have to provide for a rent increase? Is that also 60 days for tenants that have lived in the property for over 12 months?
Thanks!
Rent increases in California of 10% or less is a 30 day notice. Rent increases over 10% are 90 days now.
@@WIREassociates How often you can raise rent then? The property (SFH) is exempt from AB 1482. The property is under LA county unincorporated area.
How do I give notice to my tenant when I know she is in the hospital in another town? She can't get her mail or answer the door. No one else is in the house. Thanks for your consideration..........Steve Zigler
Thanks for reaching out, Steve. Discuss with a local eviction attorney and then it may make sense to hire a process server for this.
The landlord did not comply with TPA or the local municipal ordinance. They did not pay any of the 6 tenants they gave the "renoviction" notice to the required relocation funds within 15 days of the notice. Actually, it's been close to 30 days. Spoke to an attorney, attorney wrote a letter to the landlord informing them they are not in compliance and the notice is void. What recourse do we have if the landlord just ignores the compliance issue? Am I right to believe I can continue to reside in the unit until a legally compliant notice is given? I did offer to negotiate...but they seem to be clueless as to their responsibilities.
Your attorney will advise you best. If you haven't been given a proper notice to terminate tenancy, then there is no reason to move out. If they move forward with an unlawful detainer, you answer with the reasons that the notice wasn't valid.
Thank you for very much for your response. They did provide a new notice with a new move out date. But just to me, not the 5 other tenants. I have encouraged my neighbors to ask for a compliant notice. There are still issues with the new notice, but I will probably just move on. It is very clear to me that the owner does not understand their responsibility, the TPA or the local ordinance. It's hard for me to understand how they can be so cavalier about just simple compliance.
What if landlord didn’t notify me until the renewal of lease ? Can I sue for money back ?
Potentially, but discuss with an attorney.
Hello, we got a 60 day notice from the sheriffs to leave because the county is picking up the property. We have been living here for 15 years. What can we do?
Reach out to an attorney to discuss 👉 www.lawhelpca.org/
Start looking for another place to rent, simple!
When will the rental moratorium for orange county, CA end. 🙏
It's over. No local moratorium for OC.
@@WIREassociates Thank u 🙏
Hi Christian,
My landlord gave me notice to terminate 3 days before my renewal period. Then told me I would be responsible for the next month if I did not give my 30 day notice before the last of the month.. 5 days in and I have a good place. They’re not willing to let me prorate the month I won’t be here for the 30 days… is this enforceable? I would really appreciate your help. Thanks!
Discuss with an attorney...it sounds like you went month-to-month (even if just for a few days) and you would be required to give a 30 day notice then.
@@WIREassociates Thanks. They’re trying to enforce a larger than 30 day notice (giving notice by the previous month which is prepaid) which is outlined in the lease.. but I would assume that applies only if they have not terminated the tenancy. I prepaid for this month and now I have to pay for the new place and this one although I tried to give notice on the 5th to prorate. I will speak to one.
Who signs where it says witnesses on the form? Do I have to have a witness?
No, no witness required.
We have been renting a single family house for 1 year and 5 months...as good tenants...paying rent every month. Our landlord notified us (by text message) that she is raising our rent mid-lease. She stated if we don't pay it, she will terminate our lease and we must vacate the property in 60 days (aka, Dec.31, 2022). She considers her text message to be a valid 60 day notice. She's been such a bully to us during our entire tenancy. Since she gave us a choice...we elected to vacate the property in 60 days. HOWEVER...when we moved in and signed our lease in May 2021, we were NEVER served with an RCJC - AB 1482 disclosure. Despite state law requirements, this landlord failed to inform us of any exemption the single family house we are renting may qualify for. Therefore by right...we believe we are entitled to protection by AB 1482 - the RENTERS PROTECTION ACT, and thereby should be entitled to receive relocation assistance or rent waiver for the landlord's decision of early termination without cause. Your thoughts on this, please?
I agree with you and you should discus with an attorney (you can try lawhelp.org for free or low cost legal assistance), but if you choose to leave (especially without a valid notice to terminate tenancy), then the landlord doesn't owe relocation assistance. As you suspected, text is not a valid way to increase rent or terminate a tenancy.
@@WIREassociates Thank you SO much. Very helpful info. I will indeed contact an attorney.
Month to month lease under rent stabilization can a landlord terminate tenancy.
Probably not if it's under rent stabilization, it'll depend on local regulations. For example, right now in LA, the answer is no.
I just received my 60 days notice after renting for 3 years, now! do I still have to pay them rent for the up coming month ?
Yes, rent is due through the end of possession of the property, but they may have to waive your last month's rent (or more if there's a local just cause ordinance in place).
Just pay what’s fair, don’t expect to free load!
Ought to be ashamed of yourself! 😕
Do you have any ideas on how to deal with a landlord who keeps raising the rent every 6 months/year over $200 ? Thanks 😊
Is the property exempt from AB 1482 and how do those increases compare as a percentage to the total rent? Here's an AB 1482 video we recently released 👉 th-cam.com/video/3rf780Cg2xI/w-d-xo.html
@@WIREassociates I'm a senior citizen in a 55 plus community, I'm not sure if the house falls within the those guidelines, however, the landlord knows that I'm on a fixed income, and I'm not having much luck finding California state rental information
Hi again, was told that a landlord raising rents so much is a form of elder abuse, would this be true and would I need to get legal help? Thanks
@@b.powell3480 An attorney would have to help determine if this is harassment or elder abuse.
@@WIREassociates thanks
we three siblings just inherited our deseased mother's condo. we two sisters are executors of the estate. Our brother lived with Mother in the condo, for free, the past 30 years. we want to sell the condo to get the money for all of us, but he won't leave. How do we give him an eviction notice. which do we use in CA. thank you
Whether or not his tenancy can be terminated and how will depend on where the property is. Feel free to reach out to us to discuss 👉 www.wireassociates.com/contact/
Is there anyway I can mail you my notice to pay rent or vacate I got.. I got this notice even tho I paid rent and they said bc they circled “vacate the premises” that that’s what they meant not that I was late on rate or anything
No, you need to contact an attorney ASAP. You can find free or low cost legal assistance at lawhelp.org
@@WIREassociates I did contact an attorney and he told me it’s voided and to not worry. Just wanted a second opinion!! But thx
I received a notice of termination got 90 days property isnt covered by the AB 1482 but i want to know the reason. Can i ask for the reason?
Absolutely, but if exempt from AB 1482, they don't have to tell you a reason.
Thank you!
Where can I find this form?
Ask a good local real estate agent or you can join an apartment/landlord association to get the paperwork you need. You could also hire an attorney to draft and deliver.
What happens if a landlord posts the notice on residence and does not send additional copy in mail?
Technically that's not a valid notice and they could lose in court if they attempt an unlawful detainer action...discuss with an attorney.
thank you so much for the response@@WIREassociates
What if no amount was written on relocation assistant does that make the notice invalid
@wireassociates
If relocation assistance is required, then the landlord must specify the amount and how it will be paid. Show to an attorney to see if it's invalid...
Tulare county has protection AB1482?
Yes, all of California falls under AB 1482.
@@WIREassociates thank you🙌👋
Can I purchase this form?
You can get it from a local real estate agent or join an apartment association like CAA.
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.
Only if it's exempt from AB 1482...watch this video because I explain.
@@WIREassociates Yes, it is exempt (SFH). So I guess I don’t need to give a reason, but sometimes they will ask you in person and it’s hard to say ‘I don’t need to give you a reason’. How would you reply when they asked you in person?
@@path2049 I'd say something like, "California allows a termination for no reason for exempt properties." It changes it from being you to California. If they press, then you can tell them why.
@@WIREassociates Does this work by saying, ‘I have other plan for the place.’ and leave it like that.
@@path2049 yes, that's good!
Hi my landlord gave me a 60 day notice to terminate tenancy no fault but he's remolding the restroom tomorrow is he aloud to do it or does he have to wait for us to leave?
He really should wait unless there's some sort of emergency repair that he needs to do.
@WIRE Associates - Christian Walsh okay also I received my 60 day notice on January 10th and I paid the rent on January 2nd and on the paper it says he's waving 1 month of rent for March 2022 not 2023 is the form valid even tho it has the wrong dates and he gave me the notice on January 10th not 2nd ? If it is do I have time to stay till March 31?
@@Motorsports_3 He screwed that one up...I'd discuss with an attorney ASAP so they can review it...you might be able to negotiate through the end of March with the landlord since that was done incorrectly.
@WIRE Associates - Christian Walsh okay thank you soo much for your fast and informative replies I'll be subscribing to you.
Super special species
Deh can stay
I got a 3 day notice and my rent is paid I sent copies of checks they cashed send 1 again they didn't cash they sent both back and sent back the check for this month can they evict me
Did they give you a 60 day notice first? What was the 3 day notice for?
The three day notice to pay or move out I got it on Monday 3 sent it with copy's for may June new check for July same day they said that it didn't get there tell the 8th there is a lot more shady stuff it wood be kinda long I want to tell someone
@@usabadass8775 Discuss with ana attorney ASAP...you can find free or low cost legal assistance at lawhelp.org.
I got a 3 days to quit rent is always paid on time but since I sent a demand letter she wants me out
Try to find an attorney to discuss...you may have a case for retaliation.
@@WIREassociates thank you yes I'm suing her in small claims but she took my original date for April she then had to drop it for accepting rent then filed immediately then postponed my small claims again and is now getting her unlawful detainer next week and my small claims after
My Landlord sent me a hand typed notice called: “Notice not to continue rental agreement “. I have been renting 17 Years & Owner sold property and wished for us to same terms paying rent. Now old owners had this 100 year old house grandfathered in Non California Codes. Now New Landlord has NOT brought up to code: electrical, plumbing, insulation, mold, litigation, lead paint throughout the house. All against the California health and safety codes also against the California state building codes. We are Being forced to move in two months because the landlord does not want to extend our rental agreement. I have sent their copy and wrote : “Reclusion” with an affidavit of facts & listed problems & the code violations. I have requested our eight months of rent to be returned to us and we will move out in 60 Days. Looks like I may have to find an attorney for help. Not enough time to find a place & Move.
Depending on where the property is, the landlord may not have the option to not renew the lease. Yes, definitely discuss the situation with an attorney ASAP.