California 60 Day Notice to Vacate - At-Fault Just Cause
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The California 60 Day Notice to Vacate At-Fault Just Cause ends a periodic tenancy that is for more than one year and not a rent-controlled jurisdiction.
Document Last Modified: 5/9/2023
Related Documents
State Specific Clauses
CA State Assist
Civil Code section 1946.1 requires the 60-day notice for tenancies of a year or more unless ALL of the following are true
- The dwelling or unit is alienable separate from the title to any other dwelling unit.
- 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.
- The purchaser is a natural person or persons.
- The notice is given no more than 120 days after the escrow has been established.
- Notice was not previously given to the tenant pursuant to CC 1946.1
- The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.
SERVICE OF NOTICE
A landlord can use any of the methods described below to serve a 30-day or 60-day notice on a tenant, OR can send the notice to the tenant by certified or registered mail with return receipt requested.
Notices may also be served on the tenant in one of three waysdescribed below:
personal service,
substituted service,
or by posting AND mailing.
The landlord, the landlord's agent, or anyone over 18 can serve a notice on a tenant.
Personal service - To serve the tenant personally, the person serving the notice must hand the tenant the notice (or leave it with the tenant if tenant refuses to take it).
Substituted service on another person -If the landlord does not find the tenant at home, If the landlord can't find the tenant at home, the landlord can use "substituted service" instead of serving tenant personally. For instance, the landlord or landlord’s representative (over age 18) can deliver the notice with a person of “suitable age and discretion” ( this usually means an adult or teenage member of the household) PLUS mail a copy of the notice to the tenant at home.
Posting and mailing - If the landlord can't serve the notice to the tenant personally or by substituted service, the notice can be served by taping or tacking a copy to the rental unit in a noticeable place (such as the front door of the rental unit) in addition to mailing another copy to the tenant at the rental unit's address.
Service of the notice is not complete until the copy of the notice has been mailed.
RENTAL CONTROL LAW
Some California cities have rent control ordinances, that limit or prohibit rent increases. Some of these ordinances specify procedures that a landlord must follow before increasing a tenant's rent, or that make evicting a tenant more difficult for a landlord. Each community's ordinance is different.Some cities have boards that have the power to approve or deny increases in rent. Other cities' ordinances allow a certain percentage increase in rent each year. Because of recent changes in State law, all rent control cities now have "vacancy decontrol." This means that the landlord can re-rent a unit at the market rate when the tenant moves out voluntarily or when the landlord terminates the tenancy for nonpayment of rent.
Some ordinances make it more difficult for owners to convert rentals into condominiums.
Los Angelos rent control information, ordinances and forms may be found at the Los Angeles County Housing Department web-site.
IMPORTANT: If you have a rental unit within a locality that is rent controlled, contact the locality or jurisdiction for the proper procedures to renew a lease, terminate a lease or evict a tenant!
IMPORTANT: The landlord must understand that if a tenant is in possession of the rented premises for even one day beyond a year, a 60-day notice is required.
Once the landlord is ready to take back possession of the premises, and the tenant has lived there for more than 365 days (one year), proper written notification of 60 days is needed. There is no reason needed! With that being said, a landlord may not be completely unreasonable in ending a lease. To those tenants who are living in any governmental subsidized housing such as Section 8, this form is not adequate. Under those circumstances, the tenant must be given a valid reason. There are several states that have rent-controlled localities and California is one of them. Often these types of areas contain their own specific regulations. It is wise to consult with your local city or town’s housing office if your rental property is situated within the parameters of a rent-controlled locality.
This form is easy to use. Click on “CREATE” and afterward choose your rental property from the list and after that fill in your contact phone number where prompted. Once you are done, you can download your form, which is assembled with all the necessary information. To properly serve your written notice, it can be either:
- Given to the tenant personally.
- If a tenant is not available, the notice may be given to someone in the household that is at least 18 years old. This needs to be followed up with a mailed copy.
- The notice may be posted upon the door or somewhere nearby the rental unit and this also needs to be followed with a mailed copy.
If the tenancy you want to end is for a duration less than one year, then a California 30 Day Notice will be used.
It is wise to consult with an attorney before embarking on evictions, especially those with unusual circumstances.
California State Specific Documents
- California Security Deposit Accounting Statement: This form makes it EZ for Landlords to comply with California’s specific requirements regarding the accounting of security deposits.
- California 30-Day Notice to Vacate: This is the form Landlords need to end a month-to-month Lease or a Lease with a tenancy period of less than one year.
- California 60 Day Notice to Vacate - At-Fault Just Cause: The California 60 Day Notice to Vacate At-Fault Just Cause ends a periodic tenancy that is for more than one year and not a rent-controlled jurisdiction.
- California 60-Day Notice to Vacate for Non-Exempt Properties - No-Fault Just Cause Lease Termination: California Landlords can provide Tenants with a 60-day Notice for no-fault just cause evictions, which must inform Tenants of their right to receive relocation assistance.
- California Notification of Pre-Move Out Inspection: California Landlords are required to give Tenants written notification of their right to request a pre-move out inspection. This form makes it EZ to do!
- California 3-Day Notice to Pay or Quit: This form is for Tenants that are behind on rent and a necessary step prior to filing for eviction.
- California 3-Day Notice to Perform or Quit: If you have a Tenant that is breaking the Lease but the violation can be fixed, this is the form you need.
- California Notice to Reclaim Abandoned Property: If a Tenant leaves unclaimed property in a rental unit that appears to be worth more than $700, this form is required.
- California Notice of Belief of Abandonment: If a Tenant has missed at least 14 days of rent and you believe they have abandoned the property, this notice must be sent to Tenants.
- California Unlawful Detainer Complaint: This is the complaint Landlords use to officially initiate eviction proceedings. This can be used when a Tenant has violated the Lease Agreement and been served proper notice.
- California AB 1482 Rent Control & Eviction Exemption Form: California Landlords must provide Tenants with this Notice of Exemption if their property is exempt from the requirements of California AB 1482. California Accessibility and Americans with Disabilities Act: A landlord should include this form in a commercial lease to state whether or not the premises has been inspected by a Certified Access Specialist.
- California Energy Disclosure: Use this form in a commercial lease to confirm that the energy consumption and benchmarking disclosure were provided to the tenant.
- California Flood Disclosure: This form is an easy way for California Landlords to comply with required statewide flood disclosures and to give Tenants all necessary notice of flood risks.
- California AB 1482: The California Tenant Protection Act requires this document, a written disclosure concerning two requirements: 1. Limits on rent increases and 2. a statement of cause in notices to terminate a tenancy.
- California Water Meter Disclosure: California Landlords that charge Tenants separately for water usage or those required to use water submeters must provide Tenants with a Water Meter Disclosure.
- Information on Dampness and Mold for Renters in California: Information on Dampness and Mold for Renters in California
- 15 Day Notice to Pay or Quit: This form provides the language required for a California Landlord to initiate eviction proceedings pursuant to CA AB 3088, including the required attachment of a Declaration of COVID-19-Related Financial Distress.
- California Guide to Residential Tenants’ And Landlords’ Rights And Responsibilities: This is the California Guide to Residential Tenants' And Landlords' Rights And Responsibilities.
- California Rental Application: This Rental Application will provide the landlord with the necessary information about the inquiring applicants, excluding the marital status question.
- California Family Daycare Q&A for Landlords: An informative guide for the landlord regarding the requirements needed for a tenant to run a home daycare in a rental property.
- California Non-Residential Building Energy Disclosure Program Information: California Landlords who rent non-residential property must comply with the California Nonresidential Building Energy Use Disclosure Program.
- California Notice of Pest Control Treatment: California Landlords are required to give renters notice any time the Landlord uses pesticides to treat a rental unit. Ours is EZ to customize & download.
- California Quitclaim Deed: This California Quitclaim Deed complies with California's legal requirements and allows owners to transfer their housing ownership to others.
- Declaration of COVID-19-Related Financial Distress: This form provides the language required for a California Landlord to initiate eviction proceedings pursuant to CA AB 3088, including the required attachment of a Declaration of COVID-19-Related Financial Distress.
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