Giving a eviction notice in California

[DonB]

What is the name of your state? My State/City, San Jose CA

i have a single family home that I’ve rented to a family since the middle of 2017. They initially signed a one year agreement when the moved it but when it came time for renewel they wanted to go month to month. I agreed and it’s been that way since.

i have recently decided to sell the home and after speaking to my real estate agent he suggests the tenants vacate the property before we list it. I know in my state (CA) I need to give at least 60 days notice. If there anything else that I need to comply with?

As always thanks for ready and for any replies.

 

[adjusterjack]

It's not an eviction notice, it's a termination of tenancy notice. There's a big difference. Eviction is a court procedure that happens if they don't leave by the termination date.

Just make sure you do it in writing in accordance with the statute. The first link is to CC1946.1 and the second link is to CCP1162.

Law section (ca.gov)

Law section (ca.gov)

You may also have additional obligations under the Tenant Protection Act. Study carefully, there are land mines in there.

Landlord-Tenant Issues | State of California - Department of Justice - Office of the Attorney General

 

[zddoodah]

San Jose is one of the California cities that has a rent control ordinance. While any city rent control ordinance I've ever seen allows eviction/termination of tenancy in connection with the sale of the property, you may have to cut a check. I suggest you do some googling to see if SJ's ordinance imposes anything like that, and you may want at least to consult with a local attorney to make sure you don't goof something up.

 

[DonB]

San Jose is one of the California cities that has a rent control ordinance. While any city rent control ordinance I've ever seen allows eviction/termination of tenancy in connection with the sale of the property, you may have to cut a check. I suggest you do some googling to see if SJ's ordinance imposes anything like that, and you may want at least to consult with a local attorney to make sure you don't goof something up.

I have been researching but still don’t have enough clarity. I did however come across this that seems to apply to the property?


EXEMPTIONS FROM AB 1482

Just Cause Eviction Exemptions

If your property is one of the following, it is exempt from AB 1482’s just cause provisions, regardless of any local ordinance adopted after January 1, 2020:

• Transient and tourist hotel occupancy (as defined by law);
• Housing accommodations in a nonprofit hospital, religious facility, licensed residential care facility for the elderly, as defined by the law;
• Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school;
• Owner-Occupied housing accommodations in which the tenant shares a bathroom or kitchen facilities with the owner who maintains principal residence with the residential real property;
• Owner-occupied duplex in which one of the units is the owner’s primary residence at the beginning of the tenancy and the owner continues in occupancy;
• New Construction –housing that was issued a certificate of occupancy within the previous 15 years. This means some of the housing previously exempt under Costa Hawkins will now be subject to the State’s rent control provisions.
• Single-family homes and condominiums if the owner is not a real estate investment trust, a corporation, or a limited liability company in which at least one member is a corporation

Found here: https://cal-rha.org/advocacy/ab-1482/

 

[adjusterjack]

You appear to be exempt from the state's Tenant Protection Act - Civil Code 1946.2

(8) Residential real property, including a mobilehome, that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
(A) The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
(iv) Management of a mobilehome park, as defined in Section 798.2.
(B) (i) The tenants have been provided written notice that the residential property is exempt from this section using the following statement:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”

Law section (ca.gov)

As for San Jose, there is a confusing array of landlord-tenant ordinances that all I am willing to do is provide you a link to them:

Find Important Housing Ordinances | City of San José (sanjoseca.gov)

You may also be exempt due to having a single family rental but I'll leave that to you to verify it.

 

[zddoodah]

I did however come across this that seems to apply to the property?

SFRs are exempt from the recently enacted statewide "rent control" law. However, the landlord had to have served a notice under CC 1946.2 (as per the quote in the prior response).