Long Beach, CA asked in Landlord - Tenant for California

Q: On March 29th 2024 I received a 60 day vacate remodel, reoccupied unit April 22 ,2024 this is less then 30 days

I started receiving temporary housing pay Feb 27th 2024 unit had mold. On March 29th I received a 60day notice substantial remodel for mold and new windows .Remediation was completed on March 8th . From March 8th till April 18th waited for delivery of windows then installed in one day April 19th. From the day i received 60 day vacate March 29th 2024 to re-occupying on April 22nd 2024 is only 24 days is this an invalid notice

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2 Lawyer Answers
Delaram Keshvarian
Delaram Keshvarian
Answered
  • Landlord Tenant Lawyer
  • Orange, CA
  • Licensed in California

A: Thank you for asking the question!

When there is substantial remodel includes the abatement of hazardous material such as mold that cannot be reasonably accomplished in a safe manner with the tenant in place and that require the tenant to leave the place for at least 30 days.

The required notice for this type is 30-day or 60-day depending on the length of the tenancy. (Except when Ellis Act applies).

You mentioned that the duration of the mold removal was less than 30 days. There can be an argument if it was a substantial remodel at all because it seemed to be much shorter than 30 days. If it was not a substantial remodel, tenants shouldn't have moved out.

If based on the length of your tenancy 60-day was a proper notice, it must have been given 60 days before tenants' vacating the property. But, I assume you move out in a few days or weeks after the notice. The service of the notice did not have a proper timing, then the notice was not proper.

This is merely discussion of general laws and not a legal advice. For a comprehensive advise, more specific facts and investigation are needed. I recommend you consult with an attorney in more detail.

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you provided, it appears that the 60-day notice you received on March 29, 2024, for a substantial remodel may not have been properly executed. In California, a landlord must provide a tenant with at least 60 days' notice to vacate the property for a substantial remodel if the tenant has resided in the unit for more than one year.

Given that you reoccupied the unit on April 22, 2024, which is less than 60 days from the date you received the notice, the landlord may have violated California law. Additionally, if the remodel work was completed in a shorter timeframe than initially stated, it raises questions about the necessity of the 60-day notice.

However, to determine the validity of the notice and the landlord's actions, more information may be needed, such as:

1. The specific language used in the 60-day notice.

2. The extent of the remodel work and whether it required you to vacate the unit.

3. Any communication between you and the landlord regarding the remodel and your temporary housing.

If you believe that your rights as a tenant have been violated, you may want to consider the following actions:

1. Document all communication with your landlord and keep records of the timeline of events.

2. Reach out to a local tenant rights organization or legal aid service for advice and assistance.

3. Consider filing a complaint with the California Department of Consumer Affairs or the local rent board.

It's essential to gather all relevant information and seek legal advice to assess your situation and determine the best course of action.

1 user found this answer helpful

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