Seeking clarification on conflict with AB1482 text and C.A.R. NTT

[Peter Eberhardt]

Yes, I am seeking legal consul on this specific question. But as I am trying to get through to any attorney these days,  I also want to ask the BP community in parallel for any clarification. 

I want to serve notice to one of my units under the grounds of intent to owner occupy, and I want to make sure I am fully complying with AB1482. The California NTT form has a clause after owner occupant "no fault cause" that states  "Tennant has previously agreed that owner may unilaterally terminate the tenancy for such a reason (C.A.R form RCJC dated_____)". 

I have highlighted this statement below. 

The bill text in AB1482 states that the tenant has to agree to owners intent to occupy in writing if the lease was entered into on or after July 1, 2020. The unit lease was entered in August of 2019, therefore would imply that the tenant does not have to agree that the owner may unilaterally terminate the tenancy via form RCJC. I have highlighted this text in AB1482 (CIV 1946.2) below

If I am reading this correctly, it would seem that the statement I highlighted in the NTT form is not a universal statement that applies to all leases, only ones that are created and entered into on or after July 1st, 2020. Should I simply serve the RCJC form with the NTT form? Or serve the RCJC form first and if the tenant does not sign, that falls under a similar provision to terminate tenancy as the purposes outlined in subparagraph (E) of paragraph (1) of the bill text? 

Thoughts? 

[Dan H.]

Originally posted by @Peter Eberhardt:

@Dan Heuschele Hey Dan, you are correct. But the notification of the right is not required for leases entered before July 1st 2020 according to AB1482 in regards to owner occupancy. That is the part I highlighted in the second photo.

 My apologies.  It appears some text with respect to the right to move in family that was in the earlier forms of this bill has been removed.  At one point AB1482 dictated the LL had to provide tenant notice to maintain the right to move family into the unit.  The bill even provided the wording to use.  This has been removed.  

I agree with your interpretation.  a lease signed prior to July 1, 2020 automatically maintains the right to move family into the unit.  For leases signed after that date, it must be indicated in the lease. 

Good luck