California’s Tenancy Termination Laws: Key Requirements for Landlords

By Jonathan Kim (Paralegal) 

California has complex laws and regulations that can make owning and managing property challenging, especially when terminating a tenancy. One such nuanced law is California Civil Code § 1946.1, which we will examine in this post.

While some subsections of the law may not apply to every situation, landlords who own property not covered under the Tenant Protection Act (TPA) should be aware of the following requirements when providing written notice to terminate a tenancy:

• The dwelling or unit is alienable separate from the title to any other dwelling unit.

• The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a title insurer or an underwritten title company, as defined in Sections 12340.4 and 12340.5 of the Insurance Code, respectively, a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.

• The purchaser is a natural person or persons.

• The notice is given no more than 120 days after the escrow has been established.

• Note: Cal. Civ. Code § 1954(d)(2) states that notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purposes described in this section. 

• Notice was not previously given to the tenant pursuant to this section.

• The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.

After serving a Notice of Termination of Tenancy, the tenant may also give their own notice to terminate the tenancy, so long as the tenant’s notice is for a period at least as long as the term of the periodic tenancy and the proposed date of termination occurs before the landlord’s proposed date of termination. 

A Notice of Termination of Tenancy MUST be served in one of the following manners:

• Personal Service.

• Sub-Service to a person of suitable age and discretion at the property AND sending a copy of the notice through the mail.

• Posting the notice at the property AND sending a copy of the notice through the mail.

• Mailing a copy of the notice through certified or registered mail.

Knowing the law is only part of the battle when terminating the tenancy. Landlords must also take careful precautions to ensure that the Notice to Terminate itself complies with all of the requirements set forth by the law.

Fortunately, terminating a tenancy is not something that you have to face alone. Here at Kendall Law, our experienced team is here to assist you every step of the way with terminating a tenancy. Contact us or call 310-619-4941 to schedule a consultation for your termination of tenancy needs.