30/60 DAY STATUTORY REQUIREMENTS
CC1946: a tenancy that has an unspecified termination date is renewed automatically at
the end of the term, unless one of the parties gives written notice of intent to terminate.
Note: with passage of CC 1946.1, parties may agree to shorter notice only in
commercial leases.
CC 1946.1(b) effective 1-1-07: owner of residential dwelling must give at least 60 days
notice of termination of tenancy when tenant has resided in the dwelling for more than
one year (Not in effect 2006, renewed 1/1/2007)
CC 1946.1(c). owner must give at least 30 days notice if tenant has resided less than
one year.
CC 1946.1(d): EXCEPTION for sale of the dwelling unit to BFP who intends to occupy
CC 1946.1(e): notices pursuant to CCP 1162 OR by sending certified or registered mail.
CC 1946.1(f): EXCEPTION for other public entity eviction processes
Contents of the Notice: Notice must contain a reasonably accurate description of the
property, must be signed by the owner or authorized agent, and must be unequivocal
about forfeiture. Reason for the termination is not necessary except for some subsidized
housing and rent control jurisdictions. (Orange St. Assoc v Naton, unpublished opinion:
Attorney for property no longer owned by plaintiff signed notice to terminate. Held:
Improper notice because plaintiff/agent no longer had standing to sign notice because
plaintiff no longer was owner,)
Timing of the Notice: If the notice period ends in the middle of a term, rent for the period
is prorated to termination date.
Service of the Notice: CCP 1162: personal, substituted, nail and mail OR certfied or
registered mail (not allowed for 3 day). If mailed, Highland Plastics says CCP 1013 does
not extend the termination date of the notice by 5 days in state/10 days out of state.
Withdrawal of the notice: Notice is binding on the party giving notice unless, the other
party consents. Acceptance of payment of rent is withdrawal of LL notice.
DEFENSES
Retaliatory Eviction Elements
1. tenant exercises protected act, such as constitutional rights, rent and deduct,
reporting of code violations, common law
2. LL has intent to punish or intimidate
3. LL’s conduct includes, rent increases, decreased service, increases in fees
4. Remedy: no eviction for 180 days, actual damages, punitive damages from $1002000 per act if fraud, oppression or malice, plus attorney fees whether pleaded or not.
(CC 1942.5)
Discrimination: Unruh and Fair Employment and Housing Acts, common law
MISCELLANEOUS REQUIREMENTS
CC 827: Cumulative rent increases of more than 10% in a twelve month period requires
60 day notice.
CCP 918 and CCP 1179: Requests for stay of execution are within the discretion of the
court. The applicable principle is hardship, but T must pay rent for period of extension or
perform stipulated conditions or covenants.
CCP 415.46: Prejudgment claim to right of possession must be served by the sheriff or
registered process server on any occupant.