Landlord And Tenant Rights Under California’s 30-Day Notice-To-Vacate Law

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By Brandon

In California, the eviction procedure may be perplexing for both renters and landlords. Landlords must know if and when they must give notice. Tenants must also grasp their rights and the implications of freshly enacted legislation. Evictions involve rigorous procedures that you must follow, and any mistakes in the specifics of your documentation might render the process null and void.

You may need to contact a landlord and tenant attorney if you are dealing with an eviction notice or another landlord-tenant problem. We understand how California’s new laws affect tenant and landlord rights and can assist you with the eviction process.

California’s Eviction Procedure

Before proceeding with eviction in California, landlords must file a 60-day or 30-day notice to vacate letter. The termination notice offers their renter time to move out or resolve a disagreement. If the tenant does not evacuate the property within this time frame, the landlord may initiate the eviction procedure. In California, eviction actions are referred to in court as illegal detainer suits.

A landlord must provide their tenant at least 30 days’ notice that they must vacate and identify when their tenancy will expire under state law. In California, tenants who have resided in a rental property for less than a year or have a month-to-month leasing agreement are allowed to provide a California 30 day notice to quit. In California, renters who have lived there for a year or more must give a 60-day notice.

Termination Reasons

A home lease agreement in California can be canceled for a variety of reasons. The renter may have acted inappropriately or violated the conditions of their lease. The owner or landlord may also change the unit’s use.

Just Cause Termination With No-Fault

These termination reasons include:

  • The property owner chooses to discontinue renting out their flat.
  • The apartment is being refurbished or sold.
  • The owner or their family wishes to live in the unit.
  • The structure is being dismantled.

Justification For Termination Based On Fault

The renter is liable for activities that result in at-fault terminations. If any of the following occur, tenants receive a termination notice:

  • They do not pay their rent.
  • They are committing criminal acts on the property.
  • They utilize the property for any other illegal activity.
  • They violate the conditions of their lease.
  • They permit or assist in nuisance actions

Your Tenant’s Rights

Tenants in California now have new rights according to the Tenant Protection Act, which went into force in January 2020. Landlords can’t terminate a tenancy without cause if the renter has lived there for 12 months.

The measure also compels landlords to notify renters of any infractions and provide them the opportunity to fix the issues before terminating their lease.

If evicted without cause, tenants can seek relief. Landlords have various possibilities for assisting their tenants:

  • Assisting renters in relocating, regardless of financial level
  • Waiving the tenant’s final month’s rent before the bill is due
  • Making a payment equal to one month’s rent to their renter

If your landlord fails to give help, the termination notice is null and void. This law requires landlords to furnish their tenants with a notification of their tenant rights.

Your Landlord’s Rights

Landlords in California have the right to cancel a lease agreement with or without cause. Landlords who do not wish to renew a lease or some rental agreements may terminate without cause.

Landlords can stop a month-to-month rental without cause, but they must still provide a 30-day notice. Landlords cannot cancel fixed-term leases without cause until the period of their lease agreement expires.

To preserve their rights, landlords may utilize just cause termination. If your renters fail to pay their rent, violate their lease agreement, or cause property damage, you can promptly terminate their tenancy and pursue eviction.

Three-day notices help fix issues quickly. If you have a fair reason to terminate your renters, a landlord lawyer may assist you to understand your rights and get access to your property.