Legal Information
30 and 60 Day Notices
Currently if a tenant has resided in your home/apartment for less
than one year, you may serve them with a 30 Day Notice to
terminate tenancy. However, if the tenant has resided in the
home for longer than one year a 60 Day Notice to Terminate
tenancy will be required.
Initial Inspection Prior to Move Out
Prior to the tenant moving out of the residence, after notice has
been given by either party, the landlord must provide the tenant
with an initial inspection to advise the tenant what repairs will
be required in order for the tenant to receive their deposit back.
This inspection should be conducted at least 2 weeks before the
move out date.
Megan's Law
California has enacted legislation that requires rental property
owners and sellers to make certain disclosure to tenants and
purchasers regarding the existence of the database and
website. The required language for the notice has changed.
Effective April 1, 2006, the State of California requires the
following language be inserted in all residential leases, in not
least than 8 BOLD TYPE:
"Registered Sex Offenders Notice: Pursuant to Section 290.46
of the Penal Code, information about specified registered sex
offenders is made available to the public via an Internet Web
site maintained by the Department of Justice at
www.meganslaw.ca.gov. Depending on an offender's criminal
history, this information will include either the address at which
the offender resides or the community of residence and ZIP
Code in which he or she resides."
Section 8 Notices
On June 13, 2005 the California Supreme Court ruled that a 90
day notice instead of a 30 day notice is required to terminate a
Section 8 lease without cause. If the landlord has good cause
to terminate the lease, either a 3 day or 30 day notice should
still be able to be used.
Meth Labs
Rental properties that were illegally used by residents as a
methamphetamine lab will be the subject of statewide
assessment and clean-up standards and procedures as of
January 1, 2006. This new law will assist property owners and
managers in following specific guidelines to ensure that their
property will not be permanently labeled as a contaminated
property. However, until the clean-up is completed, landlords
must notify any prospective purchasers or tenants of the prior
illegal use and the status of the clean-up.
HOA Liens
The state legislature has enacted new laws regarding the
Associations right to foreclosure on property for past due
assessments. As of January 1, 2006, the Association cannot
commence foreclosure actions on an owner's home unless they
are behind in assessments (not including late charges, interest
or costs of collection) of $1,800.00 or more. The Association
may (1) file a small claims action against the homeowner or (2)
record a lien, however, the lien will not be foreclosable until the
assessments exceed $1,800 or more or are more than 12
months delinquent
Rusty Grant, Attorney at Law
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Legal Alert: Foreclosure
With so many foreclosures happening at this time, many
tenants and property managers are unaware of the procedure
for paying rent. Until a foreclosure sale is completed, a tenant
must pay rent to the owner or the property manager. The
property owner's failure to pay their mortgage payments does
not create a breach of the rental agreement nor absolve the
tenant of the obligation to pay rent. A tenant who fails to pay
rent, even for a property in foreclosure, can be evicted and
sued for past due rents.
Legal Alert: Abandoned Personal Property
Many times after a tenant has moved out, either through the
eviction proceedings or by proper notice, they leave behind
personal property. The first thing you must due is determine if
the value of the property is more or less than $300.00. If it is
less than $300 you may dispose of the personal property after
15 days. If the value is more than $300 you must conduct a
public sale. For more information, please contact the law firm
of Rusty Grant.
With so many foreclosures happening at this time, many
tenants and property managers are unaware of the procedure
for paying rent. Until a foreclosure sale is completed, a tenant
must pay rent to the owner or the property manager. The
property owner's failure to pay their mortgage payments does
not create a breach of the rental agreement nor absolve the
tenant of the obligation to pay rent. A tenant who fails to pay
rent, even for a property in foreclosure, can be evicted and
sued for past due rents.
Legal Alert: Abandoned Personal Property
Many times after a tenant has moved out, either through the
eviction proceedings or by proper notice, they leave behind
personal property. The first thing you must due is determine if
the value of the property is more or less than $300.00. If it is
less than $300 you may dispose of the personal property after
15 days. If the value is more than $300 you must conduct a
public sale. For more information, please contact the law firm
of Rusty Grant.