Below are questions asked by rental property owners regarding proper notice, followed by answers provided by the law firm of Simone and Blevins.
Q 1: I own a single-family home in San Diego and would like to terminate the tenancy so that I can make a few minor improvements to the property and raise the rental amount closer to fair market value. Can I terminate the tenancy? If so, what kind of notice is required?
A1: It depends. Single family homes are typically exempt from just-cause terminations under state and local rent control. However, you must provide proper notice of exemption. The California Tenant Protection Act of 2019 (AB 1482) and other local ordinances (for example, the cities of San Diego, Chula Vista, and Imperial Beach) created very specific notices that are required to claim the exemptions. If you provided proper notice of exemption under state and local laws, then you can serve the tenants with a 60 day notice to quit without any cause listed. The reason for termination does not matter and you should not include that the reason for termination is for improvements or repairs. If you rent out a single family home or condo and did not provide a notice of exemption at the start of the tenancy, you should speak with an attorney about how to get into compliance with both state and local laws.
Q2: I own a six-unit apartment building in unincorporated El Cajon, built in 1980. I’ve rented a unit to the same tenants for over ten years. There have been multiple issues with plumbing and electrical during their tenancy and I need to completely redo the plumbing. My tenants cannot live there while the repairs are done. My contractor estimates the repairs will take six weeks to complete, but my tenant doesn’t want to leave while the repairs are being completed. I know that my units are subject to the California Tenant Protection Act of 2019 (AB 1482). What type of notice do I need to serve to terminate the tenancy?
A2: The Tenant Protection Act of 2019 requires you to serve a 60 day notice to quit for just cause based on substantial remodel of the rental unit. The remodel of the unit must require the tenant to vacate for 30 consecutive days because it is not safe for the tenant to remain in the unit. Additionally, you must pull all permits required to undertake the substantial remodel before issuing the notice, unless the renovation is to abate hazardous materials where no permit is required. Further, the required permits must be served with the notice. You will need to provide a description of the remodel to be completed, a statement of the relocation benefits owed to the tenant, and a notification that the tenant may reoccupy the unit following the remodel. For the tenant to receive the benefit of reoccupying the unit, the tenant must inform you of their address, phone number, and email address. The notice must also include specific statutory language and is void if it is missing any of the statutory requirements, which could lead to significant penalties. AOA has the 60 Day Move Out Notice, with all the requirements, available in their forms list.
Q3: I am a landlord that rents out a duplex in La Mesa. My daughter starts college at San Diego State in the fall, and I would like her to live in the duplex while she’s in school. What notice am I required to give my tenants?
A3: Currently, La Mesa does not have a local ordinance that governs the tenancy. However, the California Tenant Protection Act of 2019 (AB 1482) requires you to serve a 60 day notice to quit for just cause, based on owner or relative occupancy. The law requires specific statutory language in your rental agreement to qualify for this just cause termination prior to serving the notice. If your rental agreement does not include the specific language to terminate for owner or relative occupancy, then you do not qualify for this just cause. Further, if the tenant vacates after receiving written notice, you or your family member will need to move into the property within 90 days of the tenant vacating the premises. If requested by your tenant, you will need to provide proof that the intended occupant is actually related to you. You will also need to provide an offer for the tenant to move back in if the intended occupant does not live at the premises for more than a year, or does not occupy the premises within the 90 day period.
Q4: I own and rent a house to tenants in the city of San Diego. My lease contains a notice of exemption from the California rent cap and just cause eviction provisions provided by Civil Code Sections 1947.12 and 1946.2 (AB 1482). Can I terminate the month-to-month rental agreement without cause?
A4: It depends. While you may have provided the proper exemption notice from California rent control, if you do not have proper notice of exemption in place from the San Diego Residential Tenant Protection Ordinance, you’ll need to provide this notice prior to issuing any termination notice. Remember, the city of San Diego, which includes La Jolla and San Ysidro, are subject to San Diego’s local law, and you must provide notice under the San Diego Tenant Protection Ordinance, regardless of whether or not you are exempt.
The law firm of Simone & Blevins has been doing evictions for over 28 years. Their office is open Monday – Friday from 9:00 AM to 5:00 PM. Tel: 619-235-6180, website: www.landlordslegalcenter.com, or email info@simonelawfirm.com.