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  1. #1
    Join Date
    Apr 2012
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    2

    Default How to Evict Tenants Who Rent Rooms in a House

    My question involves an eviction in the state of: California

    Owner lives in a 4-bedroom house and rents 3 other rooms (1 currently empty) separately, in a non-rent control city.

    The 2 Tenants have each been there for over 2 years—each having their own month-to-month agreement.

    Under CA Civil Code 1946.1(c), can the owner rent out the empty room (3rd room) to a new tenant (on a month-to-month agreement) and shortly thereafter (a few days) give a “30 Day Notice to Terminate Tenancy" to one of the other tenants, that has been there for over 2 years?

    Do they all have to be on the same lease?

    Does the new tenant have to live there a certain length of time, in order to give 30 day notice to the other tenant that has been there for over 2 years?

    "1946.1 (c) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year."

    CA Association of Realtors – Notice of Termination of Tenancy (C.A.R. Form NTT, Revised 11/07) . . . “You have or another tenant or resident has resided in the Premises for less than one year. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice . . . “

  2. #2
    Join Date
    Apr 2012
    Posts
    2

    Default Re: How to Evict Tenants Who Rent Rooms in a House

    (want to add to above post)

    CA Dept of Consumer Affairs -

    "Landlord's notice to end a periodic tenancy

    A landlord can end a periodic tenancy (for example, a month-to-month tenancy) by giving the tenant proper advance written notice. Your landlord must give you 60 days advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more.201 However, the landlord must give you 30 days advance written notice in either of the following situations:

    Any tenant or resident has lived in the rental unit less than one year
    or . . ."

  3. #3
    Join Date
    May 2012
    Posts
    9

    Default Re: How to Evict Tenants Who Rent Rooms in a House

    Each tenant would normally be treated separately if they each have their own lease.

    If the owner wants to terminate the month-to-month tenancy with any of the tenants, then the question that needs to be asked in this scenario is, "Has the tenant who will be served with a notice to terminate resided in the unit for at least one year?" If the answer is yes, then that tenant needs to be served with a 60 day notice. If the tenant has resided in the unit for less than a year, then a 30 day notice should be used.

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