Do I understand CA TPA correctly in my situation?

Question

Hello, Thanks in advance for the help. I've been a LL for several years, but this is my first lease in CA. I have a SFR/condo lease with my tenant ending May 31. It is the CAR standard lease V12/21. I am not sure what I want to do with the place -- probably sell -- so am considering ending the lease. Does the lease just end and they move out, or do I give notice after the lease completes itself? The LEASE option is checked, not MTM.

My reference to TPA is that I believe I understand that I do not need to provide cause to end the lease because it is a SFR/condo not owned by an LLC.

Appreciate the help. I'm a bit out of my element in CA right now. Learning.

My reference to TPA is that I believe I understand that I do not need to provide cause to end the lease because it is a SFR/condo not owned by an LLC.

Appreciate the help. I'm a bit out of my element in CA right now. Learning.

Chad Hale · Answer

@Erin Devers  Likely the lease converts to m2m at the end of the term.  If they tenants have been there more than a year minimum 60 day notice is required.  Does their lease include the AB1482 (TPA) information excluding them from that protection if applicable?

Nathan Gesner · Answer

From what I've read, selling the property is not justification for terminating the lease. However, you should start a conversation with the renter before you jump through hoops that may not be necessary. Talk to the Tenant, explain your intent, and see if they are willing to move out at the end of the lease. If they are, get it in writing, and move forward. If they insist on staying put, talk to an attorney to see what your options are. It's probably easier to pay for an hour of attorney time than it is to spend countless hours trying to navigate California law.

Chad Hale · Answer

That should be correct

Paul Monson · Answer

Hey Erin. How did this go?

Erin Devers · Answer

@Chad Hale Appreciate your thoughts, Mr. Hale. Also: I presume I let the tenant know 60-days in advance of the lease ending, not *at* the lease end. Lease says this: "Lease shall terminate on May 31 at 5pm. Tenant shall vacate the premises upon termination of the agreement unless: (i) Landlord and Tenant have extended it in writing (ii) mandated by any rent increase cap or just cause eviction control under any state or local law or (iii) Landlord accepts Rent from Tenant (other than past due Rent) in which case a MTM tenancy shall be created.

Sincerely appreciate the early guidance to point me in the right direction.I am trying to find an attorney to consult. Have struck out a couple of times with those recommended (not serving OC).

Erin Devers · Answer

@Chad Hale Thanks for the thoughts. The lease does have a box on it that is checked that says the property is exempt from TPA. Her lease is a year and two days, so I guess the 60-days-notice is appropriate. My understanding is that I don't have to say what my plans are (I don't even know yet) -- I just give the notice -- because I am exempt.

Do I understand CA TPA correctly in my situation?

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