Many landlords are well-aware that certain notice must be provided to a tenant to terminate a lease. However, landlords are often confused regarding the proper form of notice required. A Sacramento real estate attorney of the NewPoint Law Group, LLP, LLP can address these concerns and help the landlord serve the proper form of notice. Taken a step further, there are also some situations where multiple types of notice would be sufficient. In situations like these, a California landlord-tenant lawyer can provide a strategic legal analysis regarding the form or forms of notice most likely to achieve a favorable result. To schedule a confidential consultation with the legal team at the NewPoint Law Group, LLP, call 800-358-0305 or contact us online today.
When Is a 30-Day Notice by the Landlord Appropriate?
A written 30-Day Notice should be provided by either the landlord or the tenant as a means of terminating the month-to-month residential lease where the tenant has lived on the premises for less than one year. If the tenant has failed to the pay rent, has a spotty rent payment history, or other problems, it may be wise for the landlord to serve a 30-Day Notice rather than a 3-Day Notice so as to not have to litigate a “fact-intensive trial.” The beauty of a using a 30-Day Notice is that the landlord is not required to provide a reason for terminating the tenancy and it limits the legal remedies the tenant may present at trial.
The primary disadvantage of using a 30-Day Notice is that if a 3-Day Notice is also an option, the landlord, in most cases, would receive possession of the premises sooner than through use of a 30-Day Notice. Whether it is worth the risk to use a 3-Day Notice is a fact-intensive determination that a lawyer can help you make.
Furthermore, sometimes, it may be appropriate for the landlord to use a 3-Day Notice followed by a 30-Day Notice as a way of capturing some or all of the past-due rent before terminating the tenancy. An experienced California unlawful detainer action lawyer can also help assess whether this option is likely to be viable in your matter.
When Is a 60-Day Notice Required?
When a residential tenant has lived on the premises for one year or more in a month-to-month tenancy, and the tenant has not violated the terms of the lease, it is necessary for the landlord to provides a written 60-Day Notice to terminate the tenancy. Because the duration of the notice is for 60 days rather than for 30 days, the landlord may likely find the use of a 3-Day Notice preferable if the tenant is behind in rent or in violation of other terms of the lease. However, this election should only be made after a fact-intensive review of the situation and California real estate law.
Unfortunately, many non-professional landlords are not aware of the 60-day rule and when it applies. Landlords who serve and rely on a 30-Day Notice when a 60-Day Notice is required will be turned away by the trial judge if their tenants raise the issue at trial. This means that the landlord will have to start the process again and that he or she may be required to wait up to 60 days to pursue the unlawful detainer action. When a landlord is told that he or she has to start over, it is often an expensive mistake that renders months of work ineffective.
When Is a Notice of Greater Than 60 Days Required?
In certain instances, written notice greater than 60 days is required to terminate a residential tenancy. For example, landlords terminating a residential tenancy subject to a Section 8 Housing contract must provide at least 90 days of notice. See Civil Code section 1954.535. Further, if the jurisdiction is subject to local rent control rules and regulations, there may be a requirement to provide greater than 60 days of notice.
Landlords who participate in Section 8 Housing are subject to many more restrictions than landlords who offer only non-subsidized housing. Further, in those areas where municipalities have adopted local rent control rules and regulations, landlords must be aware of these rules.
Work with a Roseville Real Estate Lawyer
The real estate attorneys at NewPoint Law Group, LLP, LLP are aware of the standard and the unusual notice issues that arise in unique circumstances. If you are a landlord who is subject to a local rent control jurisdiction, Section 8 housing rules, or other situations our firm may be able to help. If you have questions about required notice or believe these unique issues apply in your situation, consider consulting with the lawyers of NewPoint Law Group, LLP, LLP to increase the likelihood that your legal goals are accomplished. Call us at 800-358-0305 to schedule a confidential consultation.
Be sure to check out our Unlawful Retainer Blog Series for further information:
Part One: What Is an Unlawful Detainer?
Part Two: The Importance of a Written Lease in Residential Tenancies
Part Four: General Overview of Notice Requirements in Terminating a Residential Tenancy in California
Part Five: When Must a California Landlord Serve a 3-Day Notice to Pay or Quit in a Residential Lease?
Part Six: What Are Posting Orders and When Are They Required In an Unlawful Detainer Action?
Part Seven: What Role Does the Sheriff Play in a Residential Tenant Eviction?
Part Eight: How Long Does It Take to Evict a Residential Tenant in California?
