Explanation of Section 1946 of California Civil Code
The Section 1946 of California Civil Code applies to rental agreements that are usually on a month to month basis. The implications of the law however apply to term rental agreements as well in which case the lease agreements clearly have a term of certain months or years mentioned. Along with Section 1945, the two sections of the Code cover all the probable circumstances that can exist at the time of an eviction.
The Section 1946 of California Civil Code states that a landlord must provide a 60 day notice period to a tenant who has been residing at the property for more than a year. The same notice period should be of minimum 30 days in advance of the date of termination in case a tenant has lived at the property for a period of less than one year. The same applies to a tenant as well. The tenant should furnish a notice period of 60 days or 30 days depending on the tenancy being for more than a year or less than a year respectively. However, the code doesn’t lay down the maximum notice period. Either party can send a notice offering much more time than stipulated.
Termination of Rental Agreement
Usually, the party notifying the other party of an intent to terminate the rental agreement must do so in writing. It can be sent in a hand written letter or a letter can be typed and printed. The letter can be delivered personally or through certified mail. Under no circumstance would an oral communication be considered to be a notice. No other form of communication other than written notices would be deemed legally acceptable to enforce Section 1946 of California Civil Code.
If a tenant wishes to terminate the agreement then the landlord doesn’t have a choice but to accept it. If a landlord wishes to terminate the agreement then the tenant may dispute it or take it to court if the termination is being initiated unfairly or for reasons that are not substantiated and just.
In case of foreclosures of the property, the section can be evoked but many other statutes would come in to play.
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