In my case, the 3 day notice is waived as partial payment (by subsidy) is accepted. The situation is more simply a tenant moves 3 months early breaching the lease, before the lease is expired. By definition, they cannot give proper notice to move.
21 days after vacating is only part of 1950.5 (g)(1). 2 things have to happen to comply.
1) Tenant is given itemization and security refund within 21 days of vacating property.
2) This must be after either the landlord or tenant provide a notice to “terminate the tenancy” (e.g., 30 day, 60 day notice, etc.) or after 59 calendar days prior to the expiration of lease.
When a normal tenant (no breach) moves, the landlord is able to comply with “part 1” AND “part 2.” Saying the mantra of 21 days after vacating is enough to comply with 1950.5 (g)(1).
On the other hand, if a tenant moves 3 months early breaching the lease, the landlord can only comply with either “part 1” or “part 2.” The landlord is not able to comply with BOTH parts of 1950.5 (g)(1). This is the result of the tenant breaching the lease, not the actions of the landlord.
CA Civil Code 1950.5 (g)(1):
No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1, Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to the tenant.
