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CA civil code 1946.1 - 60 day notice

Discussion in 'Commercial Landlord & Tenant Issues' started by Josephlaw, Jan 22, 2004.

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  1. Josephlaw

    Josephlaw Law Topic Starter New Member

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  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    California Civil Code 1946.1
    60 day notice for tenancies of a year or more

    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 the tenant 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 are true:

    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) 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.
    (f) 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.
    (g) This section shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date.

    Extracted 3/03 from Official California Legislation at http://www.leginfo.ca.gov/calaw.html
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    It is difficult to say but it seems from my reading that if a tenant lives in a residence for longer then a year, whether a month to month tenant or having a longer lease, a 60 day notice to terminate the tenancy is required in California.
     
  4. Josephlaw

    Josephlaw Law Topic Starter New Member

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    Can I sell my condo?

    Okay, I have a different question. Given my situation:
    1. a person living with me in my condo
    2. and that I am currently trying to evict them
    3. and that they filed for bankruptcy so they can have automatic stay.

    Can I sell my condo while I am this situation, assuming the buyer is aware and willing to purchase the condo with the person still living there?


    a quick response would be appreciated,
    Joseph
     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Re: Can I sell my condo?

    You could make an agreement with the buyer, of course. Additionally, you should be able to get the automatic stay lifted relatively quickly and easily and oust the tenant if still there.
     
  6. Josephlaw

    Josephlaw Law Topic Starter New Member

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    Re: Re: Can I sell my condo?

    Okay. Well here is my current situation. The paralegal call me today and said that the lodger's BK case was discharged. What does this mean?

    My eviction was a nulled because we filed the eviction after she file for bankruptcy. As a result, I'll have to restart the process. I feel that I don't need to since I can go through the CC 1946.5 and penal code 602.3 route.

    Joseph
     
  7. Josephlaw

    Josephlaw Law Topic Starter New Member

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    What say you lawprofessor?

    Joseph
     
  8. jgp_

    jgp_ New Member

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    While I have read California Civil Code sections 1945 and 1946, it doesn't seem to cover what, if any, notice a landlord is required to give a tenant in California for the very common case of a 1 year term residential lease near the end of the first year. A typical lease is for a one year term whereafter a year is up it continues as a month to month tenancy (section 1945). However can the landlord hold off until just before the end of the original 1 year term and then decide to ask the tenant to move out with basically little or no notice?
     
  9. jbecich

    jbecich New Member

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    How about commercial/industrial property?

    I notice this new requirement under C.C. Section 1946.1. I have seen nothing that indicates whether or not this applies to an industrial (non-residential) tenancy in California. The dialogues have all been in the context of residential tenancies.

    Can anyone clarify?

    TIA,
    John
     
  10. Mickey67

    Mickey67 New Member

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    Does the CA Civil Code 1946.1 - 60 Day Notice apply to a roommate?

    Hello,

    I own a 3 unit in California. My mom and sisters live in the front building (2 flats) and I live in the house in the back. I have a roommate. I would like to give her a notice to vacate. Does the CA Civil Code 1946.1 apply to a roommate? Again, I am the owner of the house and not a master tenant. We never had a written lease. It was all verbal. She pays rent every first of the month. Would a 30 day notice suffice.

    Any help would be greatly appreciated.
     

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