7+ MISTAKES Landlords make! 60 Day Notice to Terminate - Guide for renters and landlords
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- čas přidán 1. 07. 2024
- Do you know the 7+ mistakes that many landlords make when delivering a 60 Day Notice to Terminate Tenancy? Laws have changed for California landlords and California renters and this guide for California landlords and California tenants runs through the newest version of the Notice to Terminate Tenancy, aka Notice to Vacate. We answer this and more:
✔️ What language does a Notice to Terminate Tenancy in California need to include to be valid❓
✔️ What are the reasons that a California landlord can terminate a tenancy for a property subject to AB 1482 and how much relocation assistance is owed❓
✔️ Why is AB 1482 important to the Notice to Terminate Tenancy❓
✔️ How should a 60 day notice to vacate be delivered to a California tenant❓
✔️ What new disclosures are required for certain no fault just cause reasons to terminate tenancy❓
📺 California law has CHANGED - Tenant Protection Act/AB 1482 - Guide for Landlords and Renters 👉 • California law has CHA...
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Sections
00:00 WIRE Associates intro from Christian Walsh
01:10 Mistake #1
01:56 Mistake #2
02:56 Mistake #3
03:45 Mistake #4
05:12 Mistake #5
07:31 Mistake #6
08:34 Mistake #7
09:56 Bonus Mistake
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Thank you!!!!
You're welcome!
I haven't had to do many evictions in my almost 30 years of renting property but back in the day I would do the paper work myself, if I had to evict someone. These days, I have a court services person I use because the laws are so complicated.
Smart move, Robert!
Buying in California is the actual main mistake
California real estate can appreciate like crazy tho...
If a tenant moves out per the no fault substantial remodel provision and then moves back in after 6 months of construction, does the 12 month 10% rent increase cap apply? Seems like it would.
As long as there isn't a local ordinance requiring the rent to stay the same, the new rent will be at the market rate after the remodel.
If the landlord omits the verbiage "Applicability of the Tenant Protection Act of 2019" aka AB 1492; the property is /the property is not covered, does this omission make the termination notice invalid? Thanks!
No, that does not invalidate the notice, but missing the other language I discuss does invalidate it.
Can the landlord or authorized agent use more than one of those proper methods to notify the tenant of record? and as to email or text messaging can you use those methods to advise them that the form is on the way or has been delivered? (Or could those additional copies be construed as a harassment of the tenant?) Is the applicable local civil authority available to receive their copy personally so it is received and properly filed?
I'd say to stick with one proper method. As for the local civil authority, it depends on the regulations in your local area...most don't have requirements to file it, but if they do, you need to follow their steps.
I received a move out notice with May 23 move out date but the landlord has already charged me rent until May 30. Can I stay by the end of the month? I have technically paid my rent until then and have the right to stay since he has accepted the rent. Can this invalidate the notice?
Discuss with an attorney, this may invalidate it...
I was wondering what you meant by filing with local authority? Are you referring to the police or to the City?
Housing department, but only in areas that require it...
According to police it’s civil matter?
How much extra time for service, certified mail? Isn't it 3 days?
It depends where it's being sent from: 5 days for notices sent within California. Use registered instead of certified and they won't have to sign for it, but you'll still have a tracking number.
So, do renters of single family homes owned by international landlords in California receive absolutely zero protection? They can be evicted for any reason or no reason, simply to re-lease the home at a higher rent, because it is a single family home that is rented? Where I live, 40% of renters live in single family homes.
Unless there is a local just cause ordinance (like LA City), then most houses are exempt from AB 1482 protections.
what if I haven't been given any letter, just verbal. I was on a lease but the landlord make me resign and just kept paying every month.
A verbal notice is as good as the paper it is written on. 😀 You need proper written notice from a landlord.
If I signed a new lease with more than 10% rent increase am I obligated to pay or can I only pay what CA allows?
No, you only have to pay what the law allows.
@@WIREassociates Thank you, I hope he does not get upset.
Only CAR members can download these forms.
Yes, correct. Apartment/Landlord Associations have their own versions. Plus, many people know at least one or two members of CAR.
I have a question regarding an unlawful detainer, If I filled an unlawful detainer for not rent payment, there are currently 5 tenants living in the unit, 2 of them signed the Lease, when I filled the UD all 5 need to be named? Also do I need to serve the Notice to each one of them or only one of the 2 who signed the Lease.
Any help is really appreciated.
You definitely should hire an attorney to help in this scenario.
Why even bother investing in LA? I love visiting LA and might buy a property should I chose to live in LA but I dont see any point in investing and being a landlord in LA.
A lot of people agree...
Buy in Orange County instead
What sort of proof are we talking here for a family member move in? Are we talking drivers license or chain of birth certificates? I don’t want to give a tenant my personal information. Can it be redacted?
A
If you're a tenant and your landlord gives you an improper notice. Don't tell your landlord, let them find out in court. Then you can possibly sue back for things such as attorney fees and harassment.
This is terrible advice.
@@ldarmiento7098there’s no reason to give a landlord a jail free card and let him know ahead of time. Case will get thrown out of court with an improper notice. Then as a tenant you come after your landlord for harassment ect. And if you really want to play ball as a tenant, you look for all of the code violations on the property and have code inspection show up.
@@ldarmiento7098he’s obviously a tenant. Most likely a problematic one too.
@joesixpack2878 I think this is good advice...a landlord needs to hire the appropriate professional or follow the rules and do it correctly. A renter shouldn't have to "teach" the landlord how to follow the law.
@@lisaruiz7211I am a tenant, yet I rent out my triplex and cash flow. What am I?