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30-day notice to vacate, 60-day notice, or 90-day eviction

In a previous article, I talked about the Tenant Protection Act AB 1482 where we compared At-fault and No-fault termination of tenancy. The At-fault termination of tenancy is where the 3-day notices to quit or vacate are used. A notice of termination of tenancy is used for a No-fault termination where you choose a 30, 60, or 90-day notice to vacate depending on the circumstances. This will vary if your property is subject to AB 1482 or not. Please review the previous article to refresh which properties are exempt or not.

Please know that this is not legal advice. It is always recommended to consult a lawyer to ensure you comply with federal, state, and local laws, ordinances, and regulations.

A 30-day notice is used if all tenants have occupied the premises for less than 12 months or at least one tenant has occupied the premises for less than 12 months and no other tenant has occupied for no more than 24 months. Another time to use a 30-day notice is if your property is subject to the Cares Act, and you’re serving for nonpayment.

A 60-day notice is required with Just Cause if your property is subject to AB 1482. Examples of Just Cause are:

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You or your direct family are moving in, and the Just Cause reason was included in the lease

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The owner intends to withdraw the property from the rental market
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The property is being demolished or substantially remodeled
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The government or court order regarding the habitability of the property
AB1482 also entitles the tenant to relocation assistance in the amount equal to one month’s rent. The owner may choose to compensate the tenant by waiving rent for the final month of tenancy or by providing direct payment to the tenant within 15 days of providing this notice. However, no payment is required if the court or government agency has determined that the tenant is the cause of the reason for the notice. If your property is exempt from AB 1482, you may terminate the tenancy with a 30-day notice if the following apply:

1.

You have entered into a contract to sell the property to a person, not a business

2.

The purchaser intends to reside in the property for at least a year

3.

Escrow was open for 120 days or less prior to this notice

4.

The property is a single-family unit or condominium

5.

The tenant has not previously given notice of termination of tenancy

All of these conditions must apply in order to serve a 30-day notice.

The normal No-fault notice of termination of tenancy will be used as your 60-day notice. If you are exempt from AB 1482, you do not have to show Just Cause.

You must give a 90-day notice for Termination of Tenancy if your tenant is a beneficiary of a government agency rental housing assistant program. This is the only instance in which you need to use a 90-day notice.

Your Home Imagined property management is happy to help you manage your properties in Temecula, Murrieta, Winchester, Wildomar, Menifee, Lake Elsinore, Sun City, or South Corona.

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