Fremont, CA · Member since 2017 · 65 posts · 17 votes
I have a month-to-month lease with my tenants. I plan to sell the property so that I need to give tenants a termination notice. Does anyone have a notice template that you can share with me? Is there any form that I can download and use for free?
Also, please advise how many days I need to give in the notice for month-to-month lease. The property is in Bay Area, California.
Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
8y
Jane
CHECK YOUR PRIVATE MAIL. You already have the form offered to you several hours ago.
In former notice it is better not to give any reason. Send it certified mail for documentation. Bring a copy to them after contacting them so there is no hard feelings.
All the reasons offered is my landlady is selling her property. They apply with a recommendation letter.
Be helpful to your tenants as it is difficult to move on. Section 8 rejection is not permitted in 2018 in SJ as there is a fine of $10K or warning if caught placing someone less qualified but not section 8 cat.
Investor · San Jose, CA · Member since 2012 · 2k+ posts · 3k+ votes
8y
Hi Jane,
Where is the property located? Is it subject to rent control and just cause eviction? Kicking out the tenant to sell the property is not considered a "Just Cause".
Assuming those don't apply to you. If the tenant has been in the property for less than 1-year, a 30-day notice will suffice. If the tenant has been there for more than 1-year, you need to give a 60-day notice. If the tenant is Section 8, you need to give a 90-day notice. The notice can start at any day during the month. If you're going to mail the notice to the tenant, you need to add 5 extra days to the notice.
Any realtor can give you a copy of the Notice of Termination of Tenancy for free. It's the CAR form (California Association of Realtor).
Thanks for your good advise. The property is in Hayward. They have been there for 5.5 years. They are not in Sec 8. It is a SFH. Is there any regulation that I need to be aware except the 60days notice? I am thinking about giving them extra months, 90 days notice anyway as they mentioned they don't want to make any change during Christmas. Please advise if you see I am doing anything wrong.
Fremont, CA · Member since 2017 · 65 posts · 17 votes
8y
@Account Closed
You mentioned that "Kicking out the tenant to sell the property is not considered a "Just Cause"". Does that mean selling the property is not a good reason to terminate a contract? Do I need to state a reason for terminating the contract? What is a proper justification?
Investor · San Jose, CA · Member since 2012 · 2k+ posts · 3k+ votes
8y
I believe Hayward doesn't have "Just Cause" eviction so you're good. @Sandeep S., can you confirm this as you own quite a few properties there? If no just cause, you don't have to state a reason for terminating the contract. A 60-day notice is suffice in your case.
If you intend to sell, you may want to wait until December before serving the tenant a 60-day notice to move out by the end of Feb. Spring is the best time to sell so March or April would be a good time to let your property hit the market.
Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
8y
Jane
CHECK YOUR PRIVATE MAIL. You already have the form offered to you several hours ago.
In former notice it is better not to give any reason. Send it certified mail for documentation. Bring a copy to them after contacting them so there is no hard feelings.
All the reasons offered is my landlady is selling her property. They apply with a recommendation letter.
Be helpful to your tenants as it is difficult to move on. Section 8 rejection is not permitted in 2018 in SJ as there is a fine of $10K or warning if caught placing someone less qualified but not section 8 cat.
Fremont, CA · Member since 2017 · 65 posts · 17 votes
8y
@Account Closed thanks a lot for your value advise.
@Sandeep S., could you please help confirming the question above?
I spoke to a RE agent and she said she only has termination notice for purchasing contract, not for rental.
Do any of you have the form that you can share with me? I spent significant time searching google but can't find anything good. I am afraid to write my own if I miss out anything.
Investor · Cupertino, CA · Member since 2012 · 118 posts · 121 votes
8y
My understanding about rent control in Hayward is that it applies to only owners who have 5 or more units in Hayward. (And even then it does not have any restriction about terminating the lease). So you should be fine by giving 60-day notice.
Fremont, CA · Member since 2017 · 65 posts · 17 votes
8y
@Sam Shueh do you mean checking our my inbox? I don't see anything from you. I am so new to this forum so I still learn the terminologies. Thanks for your great input. I am not sure if I fully understand your last part. Could you please give the explanation in full again?
"Be helpful to your tenants as it is difficult to move on. Section 8 rejection is not permitted in 2018 in SJ as there is a fine of $10K or warning if caught placing someone less qualified but not section 8 cat. "
Rental Property Investor · San Francisco, CA · Member since 2013 · 1k+ posts · 1k+ votes
8y
You should talk with them before sending out the letter and try to accommodate their wish not to be out around xmas time. Remember, even if there are no just cause issues, it's never wise to piss off a tenant in CA, especially if they have been there over 5 years! They can just stay on, forcing you to get a lawyer (means $$$ you need to spend), plus they pay no rent after you serve an unlawful detainer (loss of $$$ for you). They will buy time this way, rent free. And when you finally get them out, they can trash the place...beyond what the deposit covers.
Therefore, my suggestion is to have a sincere talk with them, negotiate a timeframe that works for both of you, then send them the official notice.
Notes Investor · San Diego, CA · Member since 2012 · 109 posts · 51 votes
8y
@ Jane Dang - CA's a "pro" tenant and they don't like us, the landlord. So, you need to do it as a few BP's already suggested. I am currently in the process to "ask" one if my tenant to leave.
So, I served them a 60-days notice. Then extended for another 30-days. And then extended another 30-days and they supposed to move out by Oct 1-2017. And today is Sep 30-2017 and I don't think they move out, yet.
Well, since they already screwed up my plan to get it remodel and ready to put on the market in September. I could follow the legal route to evict them with will cost around $1K and lost of rent on however long it takes to evict them. So, I just play along. They have found a new apartment but it's not ready for some reason. They should move out soon!
BTW, I know that some landlords offer the tenant some money (or rent them a truck) as an incentive for them to move out.
Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
8y
@Jane Dang Here's a notice template for you (it's the one I use in California):
60-DAY NOTICE TO TERMINATE
MONTH-TO-MONTH TENANCY
TO: (tenants' names),
AND ALL OTHERS IN POSSESSION of the premises located at: (address of rental property).
YOU ARE HEREBY NOTIFIED that effective SIXTY (60) DAYS from the date of service on you of this notice, the periodic tenancy by which you hold possession of the premises is terminated, at which time you are required to vacate and surrender possession of the premises. Your failure to vacate the premises will result in the initiation of legal proceedings against you to recover possession of the premises, damages for every day of occupancy after the expiration date of this notice, and costs of suit, including attorney fees.
YOU ARE FURTHER NOTIFIED that your landlord elects to, and does, hereby declare a forfeiture of any lease or rental agreement by which you may hold possession of the premises.
YOU ARE FURTHER NOTIFIED that the monthly rent that you currently owe, as well as for the remainder of the term and until you completely vacate the premises, is still due and you cannot use your security deposit as your last month rent. Failure to pay any amount of the rent due may result in a judgment against you and will result in the unpaid amount being turned over to collections which could have a negative impact on your credit for up to 7 years.
Notes Investor · San Diego, CA · Member since 2012 · 109 posts · 51 votes
8y
Update - My tenant moved out today. Yes! I just changed the lock. Well, I hope to have it fix up and list by the end of this month and list for either Seller/Owner Finance or try AirBnB for a few months :)
But, too late to back out for the SF Summit. Hope to see you all there!