Q: When would a Landlord or Tenant utilize CCC 1946.Is CCC 1946 used when a Tenant does not have a fixed term Tenancy?
A:
Under California law, Civil Code Section 1946 (CCC 1946) is commonly used by either landlords or tenants when they wish to terminate a month-to-month tenancy. This is applicable when there is no fixed-term lease agreement, meaning the tenancy continues on a month-to-month basis. Either party can decide to end this arrangement as long as the proper notice is provided.
If you are a tenant, you should use CCC 1946 to inform your landlord of your intention to vacate the premises. You are required to give a notice of at least 30 days if you have lived in the dwelling for less than a year, or 60 days if you have lived there for more than a year. Similarly, landlords must give tenants the same duration of notice if they wish to reclaim the property for their own use, intend to terminate the lease, or have other lawful reasons.
Remember, the notice must be written, include the intended last day of tenancy, and be delivered in a way that can be verified, such as registered mail or in person. This ensures that both parties have a clear understanding and record of the termination date. Compliance with CCC 1946 helps avoid potential disputes or misunderstandings between landlords and tenants.
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