A California Lease Termination for No Fault Just Cause is a letter that complies with state legal requirements for a landlord to end a tenancy of one (1) year or more. Examples of no-fault just cause include a substantial remodeling, or taking the property off the rental market to use as a family residence.
When to Use a California Lease Termination for No Fault Just Cause
A California Lease Termination for No Fault Just Cause terminates a tenancy of one (1) year or more, in accordance with the Tenant Protection Act of 2019 (also known as AB 1482). The tenant must have at least sixty (60) calendar days of notice after receiving notice. These are all of the reasons for no-fault just cause termination in California:
- Withdrawing the rental property from the housing market
- The landlord or landlord’s immediate family plan to occupy the rental premises
- A substantial remodel is planned that will take more than thirty (30) days to complete
- The premises will be demolished or have demolition work done
- The landlord must stop renting the premises in order to comply with a local ordinance or other court or government order
In Los Angeles, the tenant receives the first right of return. This means if the landlord rents the premises again, before advertising the premises to anyone else, the tenant must receive an opportunity to move back in.
This notice type applies only to no-fault terminations. At-fault just cause requires an eviction notice. Some other types of California lease termination notice may also allow different reasons for termination, or different notice periods.
How To Write a California Lease Termination for No Fault Just Cause
To help ensure the legal compliance of a lease termination notice:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis upon which the tenancy will terminate
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a California Lease Termination for No Fault Just Cause
California landlords may deliver a Lease Termination for No Fault Just Cause through any of the following methods:
- Hand delivery to the tenant
- If the tenant is absent from the residence and the tenant’s usual place of business: Hand delivery to a person of suitable age at either the residence or usual place of business, PLUS delivery by mail to the tenant’s residence
- If all forms of hand delivery fail: Posting the notice to a conspicuous place on the property, PLUS delivery by mail to the property, addressed to the tenant, PLUS (if possible) handing the notice to a person residing on the property
California considers service by mail to take place five (5) calendar days after mailing.
Sources
- 1 CA Civ Code § 1946.2
-
No-fault just cause, which includes any of the following:
(A) (i) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
(ii) For leases entered into on or after July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobile home, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).
(B) Withdrawal of the residential real property from the rental market.
(C) (i) The owner complying with any of the following:
(I) An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
(II) An order issued by a government agency or court to vacate the residential real property.
(III) A local ordinance that necessitates vacating the residential real property.
(ii) If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
(D) (i) Intent to demolish or to substantially remodel the residential real property.
(ii) For purposes of this subparagraph, “substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.
Source Link - 2 Los Angeles County Municipal Code
-
Sixty-Day Notice Period to Tenant. A Landlord must provide the Tenant sixty (60) days’ written notice that the Landlord intends to terminate the Tenancy. The Tenant may not waive the required sixty (60) days’ notice.
Tenant’s Right of First Return.
Return Within Three (3) Years. If a Landlord or Landlord’s Family Member ceases occupation of the Dwelling Unit within three (3) years after the final date of Tenancy, the Tenant of a Dwelling Unit is entitled to receive notice of the first right to return to rent the same Dwelling Unit at the Rent previously charged plus any annual Rent increases allowed under this Chapter. The Landlord must deliver the notice to the Tenant in a form approved by the Department.
Nothing in this Section shall be construed to relieve the Landlord of the obligation to directly contact the former Tenant and to advise the Tenant that the recovered Dwelling Unit will again be offered for Rent. Notice shall be on a form approved by the Department.
Source Link - 3 Cal. Code Civ. Proc. § 1162
-
The notices required by Sections 1161 and 1161a may be served by any of the following methods:
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.
(3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.
Source Link - 4 Cal. Code Civ. Proc. § 1013(a)
-
Source Link
Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court.
- 5 California Rent Control and Eviction Protection Law
-
The notice of termination must advise the tenant of their right to relocation assistance, which is only one month’s rent. At the landlord’s option, that can be paid within 15 days of service of the notice or simply be a waiver of the last month of rent. Since the protections do not apply during the first year of tenancy, a 60-day notice of termination would be given, and either tell the tenant that the last month’s rent is their relocation assistance [most likely], or the tenant is required to pay rent through the 60th day, but gets one month’s rent within 15 days of receiving that 60-day notice.
Source Link