How to Write a Non Renewal of Lease in CA

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Member since 2022 · 79 posts · 72 votes
2y

SB 567 is an extension of AB 1482. Properties exempt from AB 1482, such as single family homes, are also exempt from SB 567. A sixty day notice of termination of tenancy is all that required to comply with State law.

Depending on location, there may be additional tenant protections in place at the County or City level. Please check local rent control laws to ensure compliance.

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  • Joe HomsBusiness Member
    Flipper · Mission Viejo, CA · Member since 2014 · 2k+ posts · 1k+ votes
    2y

    @Jane H. you should just give them a 60-day notice (in writing) and make sure they sign receipt of it.  You should be good to go.  If they don't want to leave, then you would have to begin a formal eviction.

    Good Investing...

  • Member since 2022 · 79 posts · 72 votes
    2y

    SB 567 is an extension of AB 1482. Properties exempt from AB 1482, such as single family homes, are also exempt from SB 567. A sixty day notice of termination of tenancy is all that required to comply with State law.

    Depending on location, there may be additional tenant protections in place at the County or City level. Please check local rent control laws to ensure compliance.

  • Member since 2018 · 32 posts · 1 vote
    2y

    Thanks Alison,

    That is what my daughter thought. But so many articles seem to leave all that out. I wanted to be sure I did everything in time in case I was impacted. 

  • Member since 2023 · 14 posts · 10 votes
    2y

    Joe is correct in terms of the "legal" aspect, be sure to document the process as you go should you have to evict. Just serve the 60 day notice to evict and keep your fingers crossed they leave. 

    I would add:
    Keep in mind, the economy isn't so great right now in some sectors so the reason they may not want to move is simply they can't afford to or they can't qualify (the 2 most likely reasons). I've been in business for over 10 years and I've found most situations can be resolved with a simple conversation. 

    Rather than rushing to get an attorney (most are expensive and not so nice) why don't you try the human approach (like you would want someone to do for you) and call your tenant and ask:

    -What concerns do you have about moving?
    -Do you have kids in the school district? Pets to relocate?
    -Do you have money for move-in costs if your deposit is refunded? 
    -If you had the money to relocate do you think you would have any trouble qualifying at this time?
    -Have you looked at any other options?
    -Do they have family that can help?

    Realize, this is a person that's been living in the home for a while and there is some reason behind why they don't want to move, so find out, and then see if you can help. Homelessness is high in San Diego. Be genuine and you'll see the problem can likely be resolved. Wishing you all the best. Don't hesitate to reach out directly should you need further help. Happy to provide resources for you in any way that I can. 

  • Member since 2018 · 32 posts · 1 vote
    2y

    I perhaps wasn’t clear …I contacted the tenants to let them know I need to get back into my home (they are on a month-month Lease); they texted back that they understood. Yes these people have been there 4 years, and generally took good care of the place. But my kids are worried for my health and want me closer. Being in CA, we already had to accomodate them putting in a daycare which was their plan all along, but they never informed us. That was against State regulations to not tell us,  but when I contacted the dept involved, they said at most they would only get a slap on the wrist. I am NOT evicting, simply exercising my right not to renew a Lease. They have been somewhat manipulative w/me, being a widow, but they have plenty of family around (they took over the daycare from one of their own relatives) who should be able to help them. Because of their manipulative behaviors, I have chosen to limit most contact via e-mail, text or mail. I do appreciate the homeless issue but my kids are worried about my welfare and want me closer, as do I. If there is any reason these folks may give me trouble, it could be some LL’s don’t want the hassle of daycare.

  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    2y
    Quote from @Jane H.:

    I perhaps wasn’t clear …I contacted the tenants to let them know I need to get back into my home (they are on a month-month Lease); they texted back that they understood. Yes these people have been there 4 years, and generally took good care of the place. But my kids are worried for my health and want me closer. Being in CA, we already had to accomodate them putting in a daycare which was their plan all along, but they never informed us. That was against State regulations to not tell us,  but when I contacted the dept involved, they said at most they would only get a slap on the wrist. I am NOT evicting, simply exercising my right not to renew a Lease. They have been somewhat manipulative w/me, being a widow, but they have plenty of family around (they took over the daycare from one of their own relatives) who should be able to help them. Because of their manipulative behaviors, I have chosen to limit most contact via e-mail, text or mail. I do appreciate the homeless issue but my kids are worried about my welfare and want me closer, as do I. If there is any reason these folks may give me trouble, it could be some LL’s don’t want the hassle of daycare.

    Did you post on bigger pockets requesting help with the day care issue when you first became aware?  

    My lease states I have to approve any business ran out of the property.   There is no way I would approve a daycare.  As such, I would have provided the tenant a notice to correct and if they failed I would have started the eviction process.  The good thing about San diego for LL is there is a housing shortage so tenants cannot afford to be evicted as if they are they will be forever challenged to find a decent unit in San Diego.  We do not accept any tenant that has ever been evicted. This implies that it is very unlikely that tenant will not leave voluntarily (especially in violation of the lease) and risk eviction. 

    it is your home.   You make the rules (within the laws of the jurisdiction).  

    good luck. 
  • Member since 2018 · 32 posts · 1 vote
    2y

    Not sure if you live in CA, Dan. Please be careful w/your posts if you don’t. I researched this thoroughly. Here in CA, a daycare is considered a “service”, not a business. All the usual Lease prohibitions against running a business do not apply. (And the tenants clearly knew this). We were told by lawyers we could not kick them out solely for that, or it would be considered discrimination. And they turned out not to be awful tenants. Thanks for your input. I’m done w/this topic. I have damages from the awful rain and must focus on that now.

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