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Is 30 Day Notice Sufficient Notice

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  • 12-19-2010, 11:03 AM
    neveragain
    Is 30 Day Notice Sufficient Notice
    My question involves landlord-tenant law in the State of: California, Ventura County.

    Tenants (3 tenants) moved in October 2009. Month to month lease. During tenancy one of the tenants moved out and a new tenant took over the lease with the remaining other 2 in July of 2010.
    We didn't change the lease, just added the new tenant to the contract and took out the leaving tenant.
    I need to ask tenants to leave as owner wants to move into the property.
    It is my understanding that tenants living in same property for over a year require 60 day notice. Is that the case?
    If so, as a new tenant moved in taking place of the old tenant, does the lease start from that date or from when the contract was drawn up?

    I thank-you in advance.

    Mr Jameson
  • 12-19-2010, 11:11 AM
    danielpalos
    Re: Is 30 Day Notice Sufficient Notice
    What would be an objection to serving a sixty day notice; simply for the sake of landlord/tenant relations?
  • 12-21-2010, 10:10 PM
    Mr. Knowitall
    Re: Is 30 Day Notice Sufficient Notice
    From what you just said, you have a single lease, not multiple leases. But that's not the issue - the issue is whether one of your tenants has been in residence for less than a year.
    Quote:

    Quoting California Civil Code, Sec. 1946.1.
    (a) Notwithstanding Section 1946, a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his or her intention to terminate the tenancy, as provided in this section.

    (b) An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.

    (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.

    (d) 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 all of the following apply:
    (1) The dwelling or unit is alienable separate from the title to any other dwelling unit.

    (2) The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.

    (3) The purchaser is a natural person or persons.

    (4) The notice is given no more than 120 days after the escrow has been established.

    (5) Notice was not previously given to the tenant pursuant to this section.

    (6) The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.
    (e) After an owner has given notice of his or her intention to terminate the tenancy pursuant to this section, a tenant may also give notice of his or her intention to terminate the tenancy pursuant to this section, provided that the tenant's notice is for a period at least as long as the term of the periodic tenancy and the proposed date of termination occurs before the owner's proposed date of termination.

    (f) The notices required by this section shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail.

    (g) This section may not be construed to affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction.

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