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we're here with the exact notice that landlords need to give to terminate a tenancy in 60 days in california but don't worry this is a guide for tenants and landlords hey there christian walsh coldwell banker wire associates we're real estate brokers based in southern california who specialize in helping tenants and landlords and buyers and sellers in california and beyond we're here to cover one of the most common questions i get and that is where can i find a copy of the notice to terminate a tenancy or to get my tenants out in 60 days we are going to run through the exact notice from the california association of realtors that a landlord can use under sb 91 to give a 60-day notice so why is this a guide for landlords and tenants this sounds like it's just for landlords no the truth is tenants need to know what makes up a legal notice in the state of california and what is allowed under sb 91 so this is a great way for you to learn and make sure if you receive a piece of paper that it's the proper notice for you now of course i've said it before i'll say it again i can't give tax or legal advice so you need to run everything by the appropriate professional for tenants it'll be reaching out to legalaid or lawhelp.org for landlords you can turn to your local apartment association to find an eviction specialist this is also helpful for landlords to see if they can give a notice to terminate a tendency it has to follow within the few narrow guidelines of sp 91 otherwise it's not a valid notice to terminate tenancy another big important point just because you want to sell a property landlord you can't give a 60-day notice there has to be specific reasons to terminate the tenancy and we're going to go through those in this video by the way if you're looking for the most up-to-date coverage for tenants and landlords make sure you subscribe to this channel so having said that if you're ready hit that like button and let's dive in and away we go here's the form that lots of folks been asking for we're about to dive into it an important first point is this is the form as of shooting this video the form could train change dramatically in the next couple weeks or months but just be sure that you're using the appropriate form now theoretically this form will be good through june 30th 2021 but you never know things could change and then your other question is going to be where can you get a copy of this formula landlord's last so the short answer is if you're working with a realtor who's willing to give the form to you because you have a working relationship that's one route to go because this is the california association of realtors version property managers may also have access to this version of the form the other place would be a local apartment association they're going to have their own versions of forms like these and that is what you'll use don't forget i can't give tax or legal advice so you are going to have to run this by the appropriate professional and use whatever form your attorney tells you to use okay so don't forget that i may have mentioned once or twice i can't give legal advice so let's dive in so this is the form and this one's actually brand new because what it does is it reflects uh sb 91 which has just passed the last form was had the deadlines from ab3088 and now this one obviously is in the era of sb91 and up at the top it says up till june 30th 2021 for terminating tenancies so the basic stuff at the top it's to the tenant and the address of the apartment but then it gets into the important items and what it's talking about here is ab1482 the tenant protection act of 2019. we've done plenty of content on that i encourage you to find that what it did is when this passed and went into effect it put in place just cause provisions before you could essentially ask a tenant to leave for any possible reason with appropriate notice you didn't have to give a reason so along comes ab1482 and changes that what ab3088 and sb91 have done is they've expanded the properties covered under ab1482 so that's why this section is talking about the tenant protection act so here we go this is this is where the rubber meets the road because this is according to sb 91 these are the few reasons that you can terminate a tenancy during covid through july 1st 2021 and we've discussed these in our other videos but here it is in black and white you can download a sample copy of this form i'll have a link below so that you can look closer but let's go through real fast so it's a 60-day termination or it could be longer you could deliver this it could be 90 days so 60 days minimum so a would be family move-in so this would be the owner a spouse partner parents grandparents children grandchildren that straight line if they're moving in and intend to occupy the premise then a landlord can terminate a tenancy but there's an important caveat here you'll see it mentions form rcjc we're going to talk about what that form is but that's required in many cases that the landlord has given that form the next one is owner and tends to withdraw the premises from the rental market and we've talked about this in some of our other videos including the most recent sb 91 video this to me is a very weak week approach for a landlord to take to terminate a tenancy if the tenant doesn't move out and it goes to unlawful detainer i i again i can't give legal advice but my guess is that many judges will try to pierce this and want a pretty darn good reason that you are removing it from the rental market and it can't be because the tenant hasn't paid rent that's not why that's not a valid excuse next and we talked about this in sp 91 video the owner intends to demolish or substantially remodel the premises but what sb 91 says it has to be due to habitability or a court order and that's essentially what d is saying that a court order or government agency is saying you have to demolish or remodel it so that is can't be just to spruce it up landlords you really have to be taking care of habitability and it has to you have to pull permits and it has to essentially take longer than 30 days those are some of the tests that a judge may use it's kind of a double-edged sword to me because if you're letting your tenants live in a unit that's not habitable this could open up other problems so that's why i say it's a double-edged sword so again uh consult with your your legal counsel on this one and then the final one and this is essentially the biggest loophole for sb91 but it's a very tight one and that is the owner's entered into a contract to sell the property the buyer is going to move in and the property is essentially a single-family home or a condo this technically won't work for duplexes or bigger and it also mentions that this form the rcjc form needs to be delivered and we're going to talk about that one like i said that's a form that needs to go out so the other important thing it mentions is that if the landlord is terminating the tenancy through one of these and the landlord would owe relocation assistance under ab1482 that the landlord still owes that but if it's an exempt property it's exempt from that requirement to pay relocation the landlord does not have to pay it now so and i did other content that explains what that means as far as exempt the other big category would you could check and and again i can't give legal advice but i don't recommend going this route this is very similar to e in fact almost identical but it's a 30-day notice and it also says that the tenant has not been given a notice of termination of tenancy in the past i would say it would be safer if you were to go with the 60-day notice even though this form says you can do it in 30 i'd say it's safer to go to 60. and it's better for the 10 it gives them more time okay another very very important thing that's on this form and this is section section 1946 from the civil code and it is right here this section related to personal property so make sure every notice to terminate tenancy must have this language or the notice will be null and void and the landlord will have to start over so if you're using an old form in your filing cabinet that doesn't specify the reason for termination those boxes we just went through you need to check a box landlord so that's one important thing the other important thing is it has to have this on the form and some people still have these sitting around and i did a video where i googled forms to like today that don't have the right language on there so that's very important they're missing this it's a null and void notice so landlords make sure it has that and i said this is a guide for tenants and landlords to tenants there's a great loophole for you if that's not on there then that notice is not valid okay then this form runs through some other stuff that basically if it's an at fault reason determine a tendency related to default in the payment of rent as long as it's not due to covet 19 or something else is going on such as waste or too many people living in the unit subleasing etc those it tells really what those um what needs to happen to terminate those tendencies and then so the landlord signs that then there's one more important page to this and you'll find this on other notices as well from the apartment associations this is for delivery of notice and proof of service so this is the other important part of the notice is actually properly delivering the notice and we're going to do additional content on this but just to run through it real fast the important thing is there's an order so what you try to do is start at the top and work your way down the most preferred order is personal service and what that means is you or a representative hand it directly to the tenant mentioned on the notice so that would be number one substituted service would be number two and that would be basically you give it to somebody who's 18 or over at the property who isn't uh one of the tenants mentioned then the other route you can go is post in mail and that would be you hang it from the door and then you mail a copy and then you can also serve by a certified or registered mail but that adds some additional time to the notice because it has to get to them so that's the order of preference we'll do more content on that but that's just as important for a notice as it has to be delivered correctly uh so the other form we mentioned the rent cap and just cause addendum so that's what rcjc stands for that's what the california association of realtors calls the form there isn't like you won't find rcjc necessarily anywhere else that's not the legal name of the form that's the name that the association of realtors has given it and this form is specifically related to ab1482 so sb 91 abe 3088 expanded ab1482 that's what happened so that's why this is part of it so it's important that landlords give this to their tenants and it mentions whether the property is exempt you can see you check a box if it's exempt this is a form that's required for landlords to give after july of 2020 they're supposed to give this form to every tenant if there's any new lease or renewing a lease but a lot of landlords using old leases don't have this correct language in there so in this form goes in depth again i'll have a copy you can download below you can read more on no fault in that fault but this would be an important form to deliver before giving the notice to terminate tenancy for those few examples i mentioned uh before where a relative is going to move in or the owner is going to move in or you're going to terminate it because the property is under contract if you use the california association of realtors notice i just referenced it will need to have let's go back up so you can see it'll need to have the rcjc you're going to have to include ab1482 language so for a and e you need to include that form so landlords get that to your tenants tenants this is a guide for you so you can see the loopholes if your landlord's not following the law and you didn't get some of this stuff then you've got a way out from notices we know we covered a lot of ground took a long time and going through forms is like watching paint dry but this was very helpful we showed landlords and tenants what is necessary for a proper notice of course run it by an attorney first so if you're looking for more coverage like this about important topics for tenants and landlords make sure you subscribe to this channel any additional questions you have or topics you'd like covered make sure you leave a comment below we also have a free weekly email newsletter that you can subscribe to below comes out on sundays and it covers more topics like this as well as foreclosures market updates and more we'd love to have you subscribe so thanks for tuning in this has been christian walsh coldwell banker wire associates and we appreciate you