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How many days in advance do I give my tenant a notice of non-renewal of lease in Long Beach, CA with no rent control?
Anonymous7 views2 answers
Tenants are always late with rent but they never pay the late fees and they still owe $500 of the security deposit. They are on a 6 month lease which ends on April 1, 2013.
Mark Tristram CoffinConstruction / Development LawyerSanta Barbara, CA ·
Any lease question necessarily involves analysis of the written lease. Assuming that the written lease does not speak to this issue, then more information is needed: 1.) when did this tenancy begin, and 2.) what kind of tenancy was it at that point? Generally I can tell you the following:
At the end of a fixed term, the tenancy expires automatically, without any notice (barring, of course, exercise of an express option to renew or extend). [CC § 1933.] Nevertheless it is a good idea to give your tenant a a "courtesy notice" a reasonable period in advance. You don't want to have to evict if you don't have to.
In contrast, "periodic" (e.g. month-to-month) leases may be terminated by minimum 30 days' notice before expiration of the stated term, if the tenant has resided for less than one year. [CC § 1946.] However, CC § 1946.1 requires that a residential nonfixed-term tenant who has resided in the unit for at least one year, be given at least 60 days' notice of termination. [CC § 1946.1(b),(h).] Different rules may apply for Section 8 tenants.
Generally, notice of nonrenewal is not required. I do recommend that you deliver notice, however. Furthermore, if the tenants are late with their rent payments you may serve a 3-day notice to pay or quit. However, I caution you about enforcing late fees - many landlords mistakenly believe they are lawful, and if unlawful late fees are incorporated into the demand for payment under the 3-day notice, the notice may be invalidated by the court in future unlawful detainer proceedings.