ANSWER: Landlord Terminating the Tenancy
60-Days Notice:
- For residential leases the landlord must provide sixty (60) days written notice to terminate any periodic tenancy, if all tenants and residents have been in the property for at least one year (Cal. Civ. Code § 1946.1(a) and (b)).
30-Days Notice:
- In cases where any tenant or resident has been residing in the property for less than one year, then thirty (30) days written notice is sufficient (Cal. Civ. Code § 1946.1(c)).
Additionally, the landlord can give just thirty (30) days written notice to terminate a periodic tenancy when all of the following conditions have been met:
- the dwelling is a separately alienable unit (e.g. condo, single family residence, townhouse; but not a duplex, triplex or other multi-unit property);
the owner is in contract to sell the unit to a bona fide purchaser for value;
3. escrow has been established with a licensed escrow agent or licensed real estate broker;
4. the buyer is a natural person (or persons);
5. notice is given within 120 days after escrow is opened;
6. notice was not previously given to the tenant; and
7. the buyer intends to live in the property for at least one full year.
(Cal. Civ. Code § 1946.1(d).)
90-Days Notice:
Effective until December 31, 2019, a month-to-month tenant (or subtenant) in possession of a rental housing unit at the time a property is sold in foreclosure must be given 90 days’ written notice to quit.
If the tenant (or subtenant) is in a fixed term lease, all rights and obligations of the lease survive the foreclosure. However, the tenancy may still be terminated on 90 days’ notice to quit if any of the following apply:
- The purchase or successor in interest will occupy the housing unit as a primary residence; or
The lessee is the child, spouse or parent of the former owner; or
3. The lease was not the result of an arms’ length transaction; or
4. The lease requires the receipt of rent that is substantially less than fair market rent of the property (unless governmental subsidy).
To evict a tenant who remains after foreclosure on 90-day notice or more, special information apprising the tenant of various rights must be incorporated into the notice. C.A.R. form, Notice of Termination of Tenancy within One Year After Foreclosure (Giving Tenant At Least 90 Day to Vacate) (Form NTAF) may be used for this purpose. It provides both the notice and the special information in a single form.
However, when notice terminating tenancy within one year after foreclosure gives the tenant less than 90 days’ notice, then the special information must be provided as a cover sheet. In this case C.A.R. form, Additional Information Regarding Termination of Tenancy within One Year After Foreclosure (Cover Sheet Attached To Notice (C.A.R. Form NTT) Giving Tenant Less Than 90 Day to Vacate) (Form NTAF) may be used for this purpose.
Where a party to the note is occupant, such as where there is a deed of trust and the homeowner is in the property, then none of these rules apply (Cal. Code of Civ. Pro. § 1161b(d). In such circumstances, a 3-day notice is required to evict the borrower/homeowner, and a 30-day notice is required to evict other tenants or subtenants residing at the property with the borrower/homeowner.
The above residential tenant protections expire at the end of 2019. Unless extended, the current 90-day notice period will revert to a 30-day notice period under Cal. Civ. Code § 1161a for residential month to month tenancies.
See also the C.A.R. Legal Q&A, Foreclosing on Rental Property.
The landlord with a Section 8 tenant must give the tenant at least 90-days notice to terminate the tenancy (Cal. Civ. Code § 1954.535).
Tenant Terminating the Tenancy
A tenant giving notice to terminate a periodic tenancy must give written notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination (Cal. Civ. Code § 1946.1(b).) In other words, if the tenant is in a month-to-month tenancy, she/he must give 30-day notice to terminate. This notice may be given at any time. For example, if the tenant gives notice to terminate on March 9th, then the tenancy terminates April 9th, regardless of when rent is due or when the tenant first took possession.
If a tenant receives a 60-day termination notice from the landlord, the tenant is still able to vacate earlier by delivering their own 30-day notice.
Landlord’s Notice of Termination of the Tenancy
The termination notices must be given in the manner prescribed in California Code of Civil Procedure Section 1162 or by sending a copy by certified or registered mail (Cal. Civ. Code § 1946.1(f)). C.A.R. standard form NTT, “Notice of Termination of Tenancy,” may be used for this notice.
The procedure for giving the notice is as follows:
- By delivering a copy to the tenant personally; or,
If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence; or,
3. If a place of residence and business cannot be determined, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property (e.g., on the door of the rental property), and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service on a subtenant may be made in the same manner.
(Cal. Code Civ. Proc. § 1162.)
