San Diego, CA asked in Landlord - Tenant for California

Q: Was CCC 1946 Amended or does it still exist? I thought CCC 1946.2 replaced 1946 in 2022.Why did 1946.2 end on 4/1/2024?

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

A: California Civil Code Section 1946 concerns the termination of a tenancy where the term is not specified by the parties. It essentially states that a tenancy is considered renewed according to Section 1945's terms, unless a party provides a written notice of intention to terminate the agreement. This notice must be given at least as many days in advance as the term of hiring itself, but not exceeding 30 days, particularly for month-to-month tenancies.

Section 1946.2, on the other hand, was introduced to offer further protections to tenants who have continuously and lawfully occupied residential real property for 12 months. Under this section, a landlord must have just cause to terminate such tenancies. This includes "at-fault" reasons such as non-payment of rent or criminal activity, as well as "no-fault" reasons such as the landlord intending to move into the property. If a tenancy is terminated for a no-fault just cause, the landlord must provide relocation assistance or a rent waiver for the final month.

Section 1946.2 also specifies situations where the section does not apply, such as transient hotel stays or when the tenant shares facilities with the property's owner and maintains their principal residence there. The legislation includes various scenarios where different types of properties or leasing arrangements are exempt from the just cause requirements.

As for the amendment or the end date, you mentioned April 1, 2024, but there appears to be a misunderstanding. There was no specific provision stating that California Civil Code Section 1946.2 would end on April 1, 2024, based on the information provided. It's important to check the most current legal texts or consult with a legal professional for the most up-to-date information regarding any legislative changes or expiry dates.

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