Updated almost 11 years ago on . Most recent reply
CA Eviction and Back Rent
I'm evicting a holdover tenant in California and running into issues/concerns with CA Civil Code 1962 (and amended by AB 1953). The law requires that new owners (successors in interest) notify a tenant of new ownership within 15 days of purchase. The law also prohibits new owners from evicting tenants for unpaid back rent as long as the landlord is "in noncompliance". Which means if you fail to notify the tenants of the change of ownership and where and who to pay, they can't be evicted for not paying. However the law clearly states that tenants are not relieved of the liability of the unpaid rent.
My ownership is as of April 2. Tenant's rent is due on the 22nd of each month. They have not paid rent this year, except for a $300 partial payment made to the former owners on March 22. I was unaware when I filed the UD of the noticing law, so the tenants were able to answer that they can't be evicted. I dismissed that case, properly noticed the tenants of change of ownership and am now getting ready to serve a new quit or pay. They don't plan to pay and are stalling for time.
Can I prorate the April rent to reflect all the days I owned property? Should I start with April 22nd? Should I wait till May 22 and not even bother with back rent?
I'd like to hear from CA people on this one. Unfortunately neither my eviction service nor my RE attorney are up-to-date on this noticing issue. So my tenants, who can use google, and my checkbook are helping educate the professionals.