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California Apartment Association - "IssueInsights"
With some exceptions, beginning January 1, 2007, a rental property owner must provide a resident who is on a month-to-month (or other periodic) tenancy with a 60-day notice if the owner wishes to terminate the tenancy. The 60-day notice requirements does not apply if any resident in the unit has been there for less than one year. In that case, the owner must provide at least 30 day's notice before terminating the tenancy
For Sale Property Exceptions - Single Family Homes & Condominiums.
An exception to the 60-day notice is provided for property owners who are in the process of selling their residential property. A property owner who has contracted to sell the property a minimum 30-day notice if all of the following are true:
  • The dwelling or unit is alienable separate from the title to any other dwelling unit (for example, a single family home or a condominium 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 or a licensed real estate broker;
  • The purchaser is a natural person or persons (e.g., not a corporation or a partnership or an animal);
  • The notice is given not more than 120 days after the escrow has been established;
  • Notice was not previously given to the resident as required by law;
  • The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.
The law concerning 3-day notices is not impacted by the 60-day notice law (California Code of Civil Procedure 1161). Rental property owners can still serve residents with a 3-day notice if the tenant, for example:
  • Fails to pay the rent;
  • Violates provisions of the lease or the law: or
  • Commits nuisance or waste.
  • Rental property owners may serve a 30-day notice if any resident has been in the unit for less than one year.
  • If the resident moves to another unit, the "clock" is restarted.
Residents must give to owners a 30-day notice prior to terminating the tenancy. Owners may not require residents to provide 60-days' notice.
Owner with rental units that fall under local rent control laws or the federal housing voucher (Section 8) program must continue to follow the rules and requirements for tenancy terminations established under these programs. In most rent control communities, the laws require owners to list a reason when terminating a tenancy. State law does not effect this requirement.
The provisions of the law relating to this 60-day notice requirement will remain in effect until January 1, 2010. This provision will sunset unless a new law continues its requirements.