Rent Rooms, in House, Separately – 30 Day Notice & 1946.1(c)

[Morgan05]

Rent Rooms, in House, Separately – 30 Day Notice & 1946.1(c)?

What is the name of your state (only U.S. law)? California

Owner lives in a 4-bedroom house and rents 3 other rooms (1 currently empty) separately, in a non-rent control city.

The 2 Tenants have each been there for over 2 years—each having their own month-to-month agreement.

Under CA Civil Code 1946.1(c), can the owner rent out the empty room (3rd room) to a new tenant (on a month-to-month agreement) and shortly thereafter (a few days) give a “30 Day Notice to Terminate Tenancy" to one of the other tenants, that has been there for over 2 years?

Do they all have to be on the same lease?

Does the new tenant have to live there a certain length of time, in order to give 30 day notice to the other tenant that has been there for over 2 years?

"1946.1 (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."

CA Association of Realtors – Notice of Termination of Tenancy (C.A.R. Form NTT, Revised 11/07) . . . “You have or another tenant or resident has resided in the Premises for less than one year. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice . . . “

TIA

 

[LdiJ]

What is the name of your state (only U.S. law)? California

Owner lives in a 4-bedroom house and rents 3 other rooms (1 currently empty) separately, in a non-rent control city.

The 2 Tenants have each been there for over 2 years—each having their own month-to-month agreement.

Under CA Civil Code 1946.1(c), can the owner rent out the empty room (3rd room) to a new tenant (on a month-to-month agreement) and shortly thereafter (a few days) give a “30 Day Notice to Terminate Tenancy" to one of the other tenants, that has been there for over 2 years?

Do they all have to be on the same lease?

Does the new tenant have to live there a certain length of time, in order to give 30 day notice to the other tenant that has been there for over 2 years?

"1946.1 (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."

CA Association of Realtors – Notice of Termination of Tenancy (C.A.R. Form NTT, Revised 11/07) . . . “You have or another tenant or resident has resided in the Premises for less than one year. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice . . . “

TIA

I can see no reason why the landlord couldn't do that.

 

[Zigner]

Each tenant has their own lease. 60 day notice would be required.

 

[Morgan05]

Each tenant has their own lease. 60 day notice would be required.

Thank you for replying.

None of the sources above mentions all tenants must be under the same month-to-month agreement.

To add another source;

CA Dept of Consumer Affairs - "if you and every other tenant or resident have lived in the rental unit for a year or more. However, the landlord must give you 30 days advance written notice in either of the following situations: • Any tenant or resident has lived in the rental unit less than one year;"

Would you have a CA Civil Code or section of law that states tenants need to be under one month-to-month agreement?

 

[LdiJ]

Thank you for replying.

None of the sources above mentions all tenants must be under the same month-to-month agreement.

To add another source;

CA Dept of Consumer Affairs - "if you and every other tenant or resident have lived in the rental unit for a year or more. However, the landlord must give you 30 days advance written notice in either of the following situations: • Any tenant or resident has lived in the rental unit less than one year;"

Would you have a CA Civil Code or section of law that states tenants need to be under one month-to-month agreement?

Are you trying to say that you think that the tenants should all be on the SAME lease? Not a similar lease but actually the SAME lease? If so, why would you think that? You are each renting a room, that makes you separate month to month tenants.

 

[Morgan05]

Are you trying to say that you think that the tenants should all be on the SAME lease? Not a similar lease but actually the SAME lease? If so, why would you think that? You are each renting a room, that makes you separate month to month tenants.

No. The fact is they are all on separate month-to-month agreements, with different commencement dates.

None of the sources above mention the tenants must be under the same lease.

The sources only read, “You have or another tenant or resident has resided in the Premises for less than one year."

Your reply, "Each tenant has their own lease. 60 day notice would be required."

I see no requirement that they must be under one month-to-month agreement, in order to give a 30 day notice.

 

[LdiJ]

No. The fact is they are all on separate month-to-month agreements, with different commencement dates.

None of the sources above mention the tenants must be under the same lease.

The sources only read, “You have or another tenant or resident has resided in the Premises for less than one year." I see no requirement that they must be under one lease.

I guess then that I don't understand your question. Its no different than an apartment building. A landlord can rent a unit to one tenant while giving 30 day notice to another.

 

[Morgan05]

I guess then that I don't understand your question. Its no different than an apartment building. A landlord can rent a unit to one tenant while giving 30 day notice to another.

The difference; it is a residential dwelling with 3 (multiple) tenants in one dwelling, of which one will be there less than one year.

"1946.1(c) . . . an owner of a residential dwelling giving notice . . . 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."

CA Dept of Consumer Affairs -

"Landlord's notice to end a periodic tenancy

A landlord can end a periodic tenancy (for example, a month-to-month tenancy) by giving the tenant proper advance written notice. Your landlord must give you 60 days advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more.201 However, the landlord must give you 30 days advance written notice in either of the following situations:

Any tenant or resident has lived in the rental unit less than one year or . . ."

 

[Zigner]

The "unit" refers to the ROOM that you rent. Has any tenant resided in your ROOM less than a year?

 

[ecmst12]

Yes, in your situation, each room is a separate rental unit. If you were renting an entire apartment with more than one tenant sharing the apartment and on the same lease, then this provision would apply. It does NOT apply in your situation. If you want to terminate the tenancy of either of the tenants who have lived there more than a year, you need to give 60 days notice.

 

[Morgan05]

Yes, in your situation, each room is a separate rental unit. If you were renting an entire apartment with more than one tenant sharing the apartment and on the same lease, then this provision would apply. It does NOT apply in your situation. If you want to terminate the tenancy of either of the tenants who have lived there more than a year, you need to give 60 days notice.

Thank you. I really appreciate your responses.

I did not notice the term “unit,” used by the CA Dept of Consumer Affairs.

Would the county small claims court rule based on the term “unit,” used by the CA Dept of Consumer Affairs or the term “dwelling,” used in the CA Civil Code? Or both?

 

[ecmst12]

Don't be obtuse. You are renting one room to one tenant - that is your unit. You are living in an EXTREMELY tenant-friendly state. The court will rule against you if they can find ANY justification for it. Give the 60 days!

 

[Zigner]

Thank you. I really appreciate your responses.

I did not notice the term “unit,” used by the CA Dept of Consumer Affairs.

Would the county small claims court rule based on the term “unit,” used by the CA Dept of Consumer Affairs or the term “dwelling,” used in the CA Civil Code? Or both?

You are not renting a residential dwelling. You are renting a room.

 

[Searchertwin]

None of the sources above mentions all tenants must be under the same month-to-month agreement.

Would you have a CA Civil Code or section of law that states tenants need to be under one month-to-month agreement?

California Civil Code Section 1944

A hiring of lodgings or a dwelling house for an unspecified
term is presumed to have been made for such length of time as the
parties adopt for the estimation of the rent. Thus a hiring at a
monthly rate of rent is presumed to be for one month. In the absence
of any agreement respecting the length of time or the rent,the hiring is presumed to be monthly.


A room is consider a lodge.