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How much notice does my landlord have to give me if they want me to move out?

Posted by: raindrop 6 years ago

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If you are not in breach of your lease, the following timeframes apply to how much notice a landlord has to provide to a tenant if the landlord wants to terminate the tenancy.

30-Days Notice:

According to Cal. Civ. Code Section 1946.1(c), if the tenant has been a resident in the property for less than one (1) year, then the landlord is required to give the tenant a minimum of thirty (30) days written notice.

Additionally, according to the California Associations of Realtors and Cal. Civ. Code Section 1946.1(d), the landlord can give thirty (30) days written notice to terminate a periodic tenancy when all of the following conditions have been met:

  1. the dwelling is a separately alienable unit (e.g. condo, single family residence, townhouse; but not a duplex, triplex or other multi-unit property);
  2. the owner is in contract to sell the unit to a bona fide purchaser for value;
  3. escrow has been established with a licensed escrow agent or licensed real estate broker;
  4. the buyer is a natural person (or persons);
  5. notice is given within 120 days after escrow is opened;
  6. notice was not previously given to the tenant; and
  7. the buyer intends to live in the property for at least one full year.
60-Days Notice

 

According to Cal. Civ. Code Sections 1946.1(a) and (b), for residential leases the landlord must provide sixty (60) days written notice to terminate any periodic tenancy, if all tenants and residents have been in the property for at least one year.

 

90-Days Notice

Effective until December 31, 2014, the foreclosing lender or purchaser at the trustee's or foreclosure sale must give at least a 90-day termination notice after foreclosure to "bona fide" tenants on a month to month tenancy.  A "bona fide" tenant is any tenant other than the mortgagor/owner (or his/her child, parent, or spouse) and if the tenancy is the result of an arms-length transaction and the rent is not substantially lower than fair market rent for is reduced or subsidized due to a Federal, State or local subsidy. (P.L. 111-2, H.R. 4173 extended sunset date to 2014).  Note: Be sure to check with local ordinances which may impose additional requirements on terminating a tenancy after foreclosure.
 
Additionally, the landlord with a Section 8 Tenant must give the tenant at least 90-days notice to terminate the tenancy (Cal. Civ. Code Sections 1954.535).
 
Specifically, when a landlord gives notice of termination of the tenancy, the termination notices must be given in the manner prescribed in California Code of Civil Procedure Section 1162 or by sending a copy of certified or registered mail (cal. Civ. Code Section 1946.1(f).  The California Association of Realtors has a standard form, NTT, "Notice of Termination of Tenancy," which may be used for this notice.
 
If you have any additional questions, contact Coronado Island Realty at (619) 435-0145.

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