Navigating the intricacies of landlord-tenant law in California can be daunting, especially when it comes to the termination of tenancies. One of the key instruments in this process is the 60-day notice to terminate tenancy. This blog post will delve into what this notice entails, why it’s used, who it applies to, and how both landlords and tenants should handle it. Whether you’re a property owner or a tenant in the Golden State, understanding these rules can save you from potential legal headaches.
What is a 60-Day Notice to Terminate Tenancy?
In California, a 60-day notice to terminate tenancy is a legal requirement used by landlords to end a month-to-month or periodic tenancy where the tenant has lived in the property for one year or more. This notice mandates that tenants must vacate the premises within 60 days from the date the notice is served.
Who Does it Apply To?
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Tenants of One Year or More: This notice is mandatory for tenants who have resided in the rental unit for 12 months or longer.
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Month-to-Month Tenancies: It applies to tenants under month-to-month agreements, not fixed-term leases unless specified otherwise.
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Exemptions: Certain properties might be exempt under specific conditions, such as those covered by local rent control ordinances or the Tenant Protection Act of 2019 (AB 1482), which might require additional just cause for eviction.
Understanding the Tenant Protection Act (AB 1482)
Since January 1, 2020, the Tenant Protection Act has added layers of protection for tenants in California:
- Just Cause: Landlords must have a just cause for evictions, even after serving a 60-day notice. This includes scenarios like owner or family member move-in, substantial renovations, or withdrawal of the property from the rental market.
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Relocation Assistance: For no-fault evictions, landlords must offer either one month’s rent as relocation assistance or waive the last month’s rent.
The Process of Serving a 60-Day Notice
Serving the Notice:
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The notice must be in writing and include specific details like the termination date.
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It can be delivered in one of three ways:
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Personal Delivery: Handing the notice directly to the tenant.
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Substitute Service: Giving the notice to another adult at the residence and mailing a copy to the tenant.
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Posting and Mailing: If the tenant is not available, posting the notice on the door and mailing a copy.
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Timing:
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Day one of the notice period begins the day after the notice is served.
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If the last day falls on a weekend or holiday, the deadline extends to the next business day.
Tenant Rights and Responsibilities
Rights:
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Right to Relocation Assistance: Under certain no-fault evictions, tenants are entitled to financial help.
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Right to Contest: Tenants can challenge the eviction if they believe the 60-day notice was served without just cause or if procedural steps were not followed.
Responsibilities:
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Vacate by Deadline: Tenants must leave the property by the end of the notice period or face possible legal action for unlawful detainer.
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Maintain the Property: Until the last day of tenancy, tenants must keep the property in reasonable condition.
Landlord Responsibilities and Best Practices
Responsibilities:
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Provide Just Cause: Under AB 1482, landlords must articulate a just cause for termination, even with a 60-day notice.
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Comply with Notice Requirements: Ensure the notice is delivered correctly and timely.
Best Practices:
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Documentation: Keep records of the notice served, including how and when it was delivered.
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Clear Communication: Explain to tenants the reasons for termination, if applicable, and their rights regarding relocation assistance.
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Legal Consultation: For complex cases or if a tenant disputes the eviction, consulting a lawyer experienced in California landlord-tenant law is advisable.
Common Pitfalls to Avoid
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Insufficient Notice: Serving less than 60 days for tenants who have lived there for over a year.
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Ignoring Tenant Rights: Failing to offer relocation assistance or not adhering to just cause requirements.
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Missteps in Service: Not serving the notice in one of the legally accepted manners.
Special Considerations
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Rent Control Areas: In cities with rent control like San Francisco or Los Angeles, additional local laws might require even longer notice periods or further tenant protections.
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Lease Provisions: Some leases might have clauses that require more than 60 days’ notice even if the tenant has been there for less than a year.
Handling Disputes
If disputes arise:
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Mediation: Consider mediation as an alternative to court, which can be less adversarial.
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Legal Action: If mediation fails, tenants or landlords might need to engage in legal proceedings, either for unlawful detainer (landlords) or wrongful eviction (tenants).
Examples of Just Cause
Here are more detailed examples of what constitutes “just cause” for eviction under California’s Tenant Protection Act (AB 1482) when serving a 60-day notice to terminate tenancy:
1. Nonpayment of Rent
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Example: A tenant fails to pay rent by the due date or within the grace period specified in the lease. The landlord must provide a written notice (usually three-day notice to pay rent or quit) before proceeding with eviction. If the tenant still does not pay, this can lead to eviction based on just cause.
2. Violation of Lease Terms
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Example: If a tenant repeatedly violates significant lease terms, like having unauthorized pets, smoking in a non-smoking unit, or causing excessive noise, the landlord can serve a notice to either comply or vacate. Continued violation after being given notice can lead to eviction.
3. Nuisance or Illegal Activities
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Example: If a tenant engages in activities that create a substantial annoyance or danger to neighbors or the property (e.g., drug dealing, excessive noise, or violent behavior), this would constitute just cause for eviction. Documentation and, potentially, police reports might be necessary to support this claim.
4. Refusal to Allow Lawful Entry
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Example: If a tenant consistently refuses to allow the landlord to enter the property for lawful purposes like inspections, repairs, or showing the unit after giving proper notice, this can be grounds for eviction.
5. Owner Move-In
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Example: The landlord wants to move into the rental unit themselves or have a family member (often narrowly defined by law, like spouse, child, parent, or grandparent) move in. The landlord must specify this in the notice, and in some cases, they must occupy the unit for a minimum period (e.g., one year in many jurisdictions) to avoid claims of bad faith eviction.
6. Substantial Renovations
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Example: If the property requires renovations that would make it uninhabitable during the work (like major structural repairs or significant upgrades), and the cost exceeds a certain percentage of the property’s value, this can be just cause. The landlord must provide documentation of the planned renovations and sometimes offer relocation assistance.
7. Withdrawal of Property from Rental Market
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Example: The landlord decides to remove the property from the rental market entirely, perhaps for personal use, conversion to non-residential use, or selling. This must be done in good faith, not just to circumvent tenant protections.
8. Demolition or Conversion
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Example: Plans to demolish the building or convert it into condominiums or another form of housing that would end its use as a rental would be just cause. Here, too, relocation assistance might be legally required.
9. Tenant Refusal of New Lease with Similar Terms
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Example: If a lease is ending and the landlord offers a new lease with terms substantially similar to the existing one, and the tenant refuses without a valid reason, this could be just cause for eviction, although this is less common and more nuanced under California law.
10. Criminal Activity
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Example: If a tenant or someone under their control engages in criminal activity on or near the premises, this can be just cause for eviction. This might require proof like police reports or court documents.
Additional Considerations:
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Documentation: For all these examples, landlords should maintain thorough documentation, including notices served, any communications with tenants, and evidence supporting the just cause claim.
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Relocation Assistance: For many of these “no-fault” evictions (like owner move-in, substantial renovations, or withdrawal from the market), landlords are required to provide relocation assistance or waive the last month’s rent.
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Notification Requirements: Specific forms or additional notices might be required depending on the cause. For example, for owner move-in, an owner’s declaration might be needed.
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Local Laws: Some cities in California, like Oakland or San Francisco, have even stricter just cause requirements or additional tenant protections, so local ordinances should always be checked.
Understanding these just causes is crucial for both landlords and tenants to ensure that evictions are legally justified and to protect tenant rights. If there’s any doubt about the application of these causes, consulting with a legal professional specializing in California landlord-tenant law is recommended.
Conclusion to 60-Day Notice to Terminate Tenancy California
The 60-day notice to terminate tenancy in California is a critical tool that must be wielded with care and understanding of the law. For landlords, it’s not just about giving notice; it’s about ensuring compliance with state and sometimes local regulations, providing just cause, and offering relocation assistance when necessary. For tenants, knowing your rights, including when you might contest an eviction, is essential. Both parties benefit from clear communication, documentation, and, when needed, legal advice to navigate this process smoothly.
Remember, property management in California is not just about maintaining buildings but also about managing relationships and adhering to legal standards that protect both parties. Whether you’re giving or receiving a 60-day notice, understanding its implications is key to a fair and lawful transition.
