Termination of Tenancy - NOT under Rent Control or Just Cause - Civil Code Section 1946.1

Post date: Jul 27, 2016 10:54:20 PM

Termination of Tenancy - 1946.1

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.

Tenants who have lived in the rental unit over 12 months can be terminated with a 60 Day Notice to Move Out.

60 Day Notice - Civil Code Section 1946.1 (b)

(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.

Tenants who have lived in the rental unit 12 months or less can be terminated with a 30 Day Notice to Move Out.

30 Day Notice to Terminate - Civ Code 1946.1 (c)

(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 any tenant or resident has resided in the dwelling for less than one year.

AB 418 Domestic Violence

This bill reduces the time limit required for a notice to vacate for a tenant who is a victim of, or who has a household member who is a victim of, domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult, from 30 days to 14 days. Security Deposit accounting and distribution continues to be controlled by existing law. Additional protections provided under the law remain in place. Additionally, this law removes a previous “sunset” provision that would have resulted in an automatic repeal of the law, extending the law indefinitely. ~KTS 2016 Legislative Update