California Law Requires Just Cause to Terminate Certain Residential Tenancies
The information provided on this page was published before the Tenant Protection Act of 2019 was enacted into law, and therefore does not discuss the California Statewide just cause protections.
To learn more about how the Tenant Protection Act of 2019 will further protect many tenants after January 1, 2020, click on the link below.
If the rental property you live in is not covered by the just cause requirements in Civil Code §1946.2, the the information on this page will still be the applicable law.
Only Written Notice of Termination is Valid in California
Receiving notice that the landlord or management wants you to move is almost always unexpected and unwelcome news, but there is no need to despair. Although you may not be the owner of the house or apartment you live in, the law in California protects tenants facing termination of their residential tenancy in a variety of ways. Landlords cannot simply ask or demand that you move without first giving you the written notice required by law.
The notice must be in writing. Telephone calls, verbal notices given in person, emails and text messages do not count.
The notice should be delivered to the residence personally.
If the tenant is not home, the notice can be left with an adult member of the household, or posted on the door. If the notice is posted, then it must be later sent to the address in the mail.
The Length of the Notice Required will Depend Upon the Length of Tenancy
Depending upon how long you have lived at the residence, the landlord must give you either 30 or 60 days notice before terminating your tenancy. For tenants who have lived at a property for less than a year, landlords are only required to give 30 days’ notice to terminate.
However, if your landlord is demanding that you pay rent, then the notice must state that you have 3 days to pay the amount owed.
If you have received a notice to pay rent or quit, then click here.
In certain cases, the landlord may be required to give more time, or comply with other requirements.
Acting Quickly in Response to a Notice can Save you Money and Stress
Ignoring the notice may result in eviction, however, acting without first knowing your rights in the situation can also cost you dearly. Tenants facing termination of their tenancy need to take the situation in hand right away, but you should do it calmly and intelligently.
Most of the problems that tenants face when they receive a notice to terminate result from waiting too long to find out about their available options.
If you have received written notice from your landlord, or property manager, then don’t make any decisions until you have spoken with a lawyer. Every case is different depending upon the individual facts, and whatever the specific situation may be, you do have rights to assert.
Before taking any action, contact us to make an appointment to speak with an attorney experienced in landlord tenant law.
We will discuss your rights, and the options that you have to respond. If you need to assert your rights, then we can also speak on your behalf. Acting without all the relevant information about your tenant rights can lead to negative consequences and worsen a difficult situation.
Speaking with an attorney will help you to explore your available options, and avoid eviction. Even if your landlord has only made threats to evict and has not yet given any written notice, you are welcome to call to discuss your situation and learn about your tenant rights.
The information on this page does not constitute legal advice, nor is it applicable to commercial tenancies. If you would like to obtain legal advice concerning your situation, then please send an email to firstname.lastname@example.org in order to set an appointment with an attorney.