Long Beach, CA asked in Landlord - Tenant for California

Q: I received a 60 day vacate notice on 03/29/24 for remodel after work had commenced is this a valid notice?

Landlord hired company to remove mold on 02/29/24 as he also scheduled for new windows to be installed for the front part of apartment. Mold remediation was completed on 03/09/24 he was paying for temp housing On 03/29/24 serves us with a 60 day vacate notice and on 04/22/24 he tells us that we can reoccupy the unit however come 05/31/24 we will need to be out. Tenants must be out of unit for 30 straight days for a remodel in this case when does the 30 days start, on or before the 60 day vacate notice was given? Month to Month rental we have lived there for 4 1/2 yrs 3 condo complex with each unit having own address landlord has a different address Also never received permits in the 69 day vacate notice . Thank you very much for your time!

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

A: Thank you for your question!

Since the length of the occupancy was more than 2 years, a 60-day notice is required for substantial remodeling. The 30-day vacancy starts the day after the 60 days.

Since you are on the 69-day, you need to stay out for more than 21 days until the end of the 30-day.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you've provided, there are a few potential issues with the notice you received:

1. Timing of the notice: In California, a landlord must provide a 60-day notice to terminate a tenancy if the tenant has lived in the unit for more than one year. However, if the landlord served the notice after the remodeling work had already begun, it might not be considered valid. The notice should have been provided before the work started.

2. 30-day vacancy requirement: If the landlord is terminating the tenancy for substantial remodeling that requires the unit to be vacant for at least 30 days, the 30-day period should begin after the 60-day notice period ends. In your case, the landlord seems to be asking you to vacate earlier than legally required.

3. Permits: If the landlord is terminating the tenancy for substantial remodeling, they must include copies of the necessary permits with the notice. If the landlord did not provide the permits, the notice may not be considered valid.

4. Temporary housing: If the landlord is paying for your temporary housing during the mold remediation, it might be argued that you have not truly "vacated" the unit, and the 30-day vacancy period has not started.

Given the complexities of your situation, it would be best to consult with a local tenants' rights organization or a landlord-tenant attorney to assess the validity of the notice and determine your best course of action. They can help you understand your rights and potentially negotiate with your landlord or take legal action if necessary.

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