California 60 day notice to tenant

[Ravi S.]

Hello All

I have a tenant since June 2021.  Since June 2022 they are on month-month lease.  The tenant has been late on rent for a few months. I want to serve them a 60-day notice to move-out.

One of my real-estate friends is telling me that the tenant is entitled for 1 month free rent. Is that true?

-R

[Dan H.]

@Al D.

response is pretty accurate. AB1482 applies to MF (duplex on up, but there is an exception for OO duplexes) that are over 15 years old. if property is less than 15 years old, AB1482 does not apply.

In addition various local jurisdictions may provide additional tenant protections.   You will need to determine if any local rent control applies to your property.

Assuming 1482 does not apply, you must give 60 days notice if tenant has been in a year or longer.  30 day notice at less than 1 year of occupancy.  

If 1482 does apply 1) late rent is likely not acceptable grounds for a lease termination or an eviction.  2) if you do a no-fault lease termination a) it will cost you one month’s rent (pay it after they are out; do not forgive last month’s rent to satisfy this criteria) b) there are limited legal reasons to perform a no fault lease termination.  The two primary are to move family into the unit or to do a rehab extensive enough that tenant cannot occupy the unit through the rehab.  

Good luck