California “Notice to Quit” Requirements Change

California "Notice to Quit" Requirements Change:

As of January 1st, 2007, new legislation has changed “notice to quit” requirements for California landlords. A notice to quit is a formal notice ending the rental agreement or a request that the tenant relinquish the rental property to the landlord. The new legislation requires landlords to give tenants a 60-day notice to quit, rather than the former 30-day notice requirement. The law only applies when the lease term is month-to-month and the tenant has rented the property for a year or more. If you are a California renter, keep these facts in mind:

If any tenant in the household has lived in a property for less than a year, the landlord is only required to give 30 days notice.
The new legislation does not affect fixed-term leases.
Renters are still only required to give landlords a 30-day notice to terminate tenancy.
If the rental property is sold and the buyer plans to live in it, a 30-day notice requirement may still apply.
Even if your landlord services you with a notice to quit, you are still required to pay your rent through the last day of the notice.

For more information, an article from the Law Offices of Kimball, Tirey & St. John (a California firm representing commercial and residential landlords) explains the changes in greater detail: http://www.kts-law.com/resource_library/alerts_100406.html

a 3-day to pay or quit note was taped to my front door at approx. 7p.m. on July 16. it was dated the 15th. when exactly is my 3-days up?

Our home was foreclosed on 6/19/08. We received a 30 day notice to quit posted on our door dated 7/3/08, received 7/9/08 from an attorney, however we don’t know whom they represent as it’s not mentioned on their notice. We live in California. We don’t have the funds to move within 30 days and need more time. Legally can we request more time and cash from the lender to move? Thank you.

Example: If a landlord serves a tenant a "3 Day pay or quit" on February 29th but accepts rent on the 1st of March, April, May, June and July does that nullify the 3 Day notice?

In other words is the 3 day notice null if the landlord accepts rent?

Concerned

in los angeles under rent control and on a month to month, lived in the apt for 3 1/2 years. having trouble paying rent this month, will have it in full by the end of the month. management company says they do not accept partial payments (cause i offered). they just said to pay it on the 1st (after i already explained i will not have it for a few more weeks). i just have a gut feeling they will do anything they can to get me out so they can charge double market rate. what are my rights??? what should i beware of?? im a model tenant, never been late, cause no trouble (however other tenants are, but i see no action from management).

thanks for any advice.

I allowed a family to park their camper on my property. Their sixteen yr. old daughter sleeps in my twelve yr. old daughters room. They also use my toilet and shower.
I can't afford to help these people anymore. Do I have to legally evict them even though they have never given me money?

im having problem with my rental. i have been renting a house for 6 months. i rent the hose in the back of my landlord house. the landlord has not fixed any of our complaints from hostile neighbors to indecent exposure of a person living with the landlord. now the broker who is managing will terminate managing the rental with in 30 days. we want out of this place. it has become a safety issue now. any suggestions?

The condo I have been living in for about 6yrs now went into foreclosure and is now owned by the bank. We got a notice to quit and gave us an option of 2, 3 or 4 wks to vacate-depending on the time frame, we would be given a monetary incentive. Well that seemed okay and we agreed in writing to the 2 weeks with the higher incentive and we held up our end of the deal and it is now 1 week later and the bank had not given us the money. We have already spent way more in moving expenses that the incentive money and now we don't even have that. Can I go after them for not upholding their end of the bargain?

i and my wife are handicapped. both in wheelchairs . she is diabetic and going blind rapidly. she just memorized this new place.got our 6 year old in school.we were given a letter offerring a lease renewal at a higher rate the first. then on the fourth they sent a new letter rescinding their offer. i pointed out it is beyond the 60 days till lease expiration to no avail. we need help. social security and my military pension make it so we can live safe..gated. if their is anyone out there reading this with any idea of what can be done...even legally to prevent this. please contact me at
kevinmbrown2006@yahoo.com

thanks

if given a three day pay or quit, and you quit are monies still owed? what are the laws concerning this.

Landlord Won't refund my money. Only lived here four months on a month to month lease. I have paid him on time and I found a cheaper and bigger place. Landlord tried to come down on the rent. Tooooo late. I tried to get a one year lease from him but he wanted month to month. It is his own fault. I am a good tenant.Won't give back deposit cause he says he has no money. I don't want to loose $1000 plus what to do.

I received a 3day notice to quit. I have been paying rent to an individual who did not own the house that I am in. Now I have been contacted by the owner. I never signed any rental agreement and I was suppose to purchase this home. All the premises wasnt inspected now the house has black mold in it. What can I do to fight an eviction. The landlord's first contact with me was in November. I lost my job, I have no receipts, I am working now. But there are so many things that were promised to be fixed.
What can I do? I never got any 30 day notices, He had me sign an estoppel certificate in September because he was refinancing the place and the lender required it. The estoppel amount of rent in less that what I have paid? Isnt this fraud? And what do I do?

I received a notice to quit from a tenant who is staying at the apartment. I am not on the lease anymore and I was on the lease for two years. After I was off of the lease i received the notice. Am I obligated to pay rent? for the time between me being on the lease and the day I move out??

Yes, you are. There is no such thing as free rent unless you had reached an agreement with the landlord stating that you were not liable for the rent.

I received a 60 day notice. I have one month left on a year lease. Does the law provide me with any help in this situation?

My son recently received a Sheriff-delivered eviction notice from the Management company at his apartment complex, where he has rented for over one year.

The notice did not clearly state the reason for eviction. The Management company refused to discuss with my son according to California law (Sec. 1161 of CCP - Code of Civil Procedure) - which states " A
three-day notice must state why you are being asked to leave, and if the problem is correctable, what you must do to stay." (which problem is not correctable ?)

My questions are:

1) is the Landlord *required* to allow an evicted tennant the chance to correct the situation which caused the eviction ?

2) California law also states that the Landlord is responsible to return the deposit, and does not stipulate that an eviction changes this responsibility:

California law says that only that part of the deposit may be kept by the landlord which is reasonably necessary to pay for the unpaid rent, repair damages caused by the tenant, and clean the apartment.

Is this correct in the case of a valid eviction ? or can the Landlord withhold the deposit (which was 2x monthly rent) due to the eviction.

Best regards,

landlord/tenant issues

i am a landlord
and i have a tenant that has had a lease agreement and when it expired, we made it month-to-month, what do i have to do and how long do i have to wait to kick her out.

Sounds like another money grabbing landlord who cares more and his money human life. Why don't you taser her or cut off her water and power.

yes. and landlords can give the 30 or 60 day for any reason if you're on a month to month....and not have to tell you "why"...

yes,and tenants can give 30 day notice,not pay rent, get free legal aid,and destroy your place

Hello
I saw your Room listed for rent and i will like to let you
know that i have interest in the room. I will like to rent the room
for 6 month.
So i will like to know the current price for the rent and
So kindly let me hear back from you if the room is still available for here is my person emailscottlambert_402@yahoo.com
rent and your price.
Thanks,
scott

That would be 3-day 'pay or quit'

Is this the same for the case where the tenant fails to pay rent on time (or the rental agency makes a mistake and thinks this has occurred) or does this fall under a 3-day notice to quit rule?

California “Notice to Quit” Requirements Change

a 3-day to pay or quit note

Our home was foreclosed on

Example: If a landlord

in los angeles under rent

I allowed a family to park

im having problem with my

The condo I have been living

i and my wife are

if given a three day pay or

Landlord Won't refund my

I received a 3day notice to

I received a notice to quit

Yes, you are. There is no

I received a 60 day notice.

My son recently received a

landlord/tenant issues

Sounds like another money

yes. and landlords can give

yes,and tenants can give 30

Hello

That would be 3-day 'pay or

Is this the same for the

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