Please read this in its entirety so you can make decisions based on the leases that you have. If you want me to send a non-renewal letter, send us the request per the instructions at the end of this email.
There has been a lot of confusion over the difference between 30-Day No Cause notices and contractual 30-day termination of tenancy notices. I am not a lawyer and this is in no way legal advice but I am going to attempt to clear this up.
You must serve a 30-day No Cause notice in order to evict your tenant if they do not vacate IF the following conditions apply:
- There is no lease.
- There is a lease and you have allowed the tenant to continue on a month to month basis and have accepted rent after the lease term has ended.
*Please note that serving a 30-day No Cause notice does give the tenant more rights than may be included in your lease or verbal agreement; for example if the tenant is 60 or over or disabled, they have the right to an additional 30 days to vacate.
30-Day No Cause and 7-day pay or quit notices can be served as of 9/1/20
There are instances in which, if done properly, a landlord may serve a 5-day Unlawful Detainer and subsequent Summary Eviction if the tenant does not vacate. These are as follows:
- The lease term ended during the Moratorium, does not have a renewal clause AND you did not accept any rent after the lease term ended.
- The lease expired, your lease has a clause indicating the tenancy will rollover to a month to month or auto renewal, you have given the tenant a non-renewal letter according to the terms of the lease AND you did not accept any rent after the lease was terminated according to that letter.
Unlawful Detainers, Nuisance, Lease Violation and Tenancy at Will Notices can be served as of 8/1/20
Letters of nonrenewal do not have to be served by a Process Server but must be documented in case a Unlawful Detainer and subsequent Summary Eviction is required.
We can type, hand-deliver, and mail letters of nonrenewal for you at any time but you are responsible for knowing and adhering to the terms of your lease. We would need the same notice request as always with the additional information of when the tenancy is to terminate.