CC 1946 – California Civil Code 1946 – 30 Day Notice Terminating a Tenancy in California

 

California Civil Code 1946, also known as CC 1946, is the California law that says either the landlord or the tenant can terminate a month-to-month tenancy when either side gives the other side at least 30 days written notice terminating the tenancy. Even after giving the CC 1946 notice, the tenant is still obligated to pay rent during this time and so long as the tenant is in possession of the rental unit. Oftentimes, tenants will stop paying rent after the landlord gives the tenant a CC 1946 termination notice. If the tenant stops paying rent,  the landlord would have sufficient grounds to serve the tenant with a 3 day notice to pay rent or quit under CCP 1161(2).

The parties may agree in writing when the tenancy is created that less than 30 days’ notice is sufficient, but not less than 7 days. However, most residential leases do not provide for a shorter notice period.

The 30 day notice must be served properly as outlined in Civil Code 1162 or by sending a copy by certified or registered mail addressed to the other party. Civil Code 1162 will be the topic of a different blog post.

A relatively new requirement is that each 30 day notice given by a landlord to a tenant must contact verbiage regarding the ability of a tenant to reclaim abandoned personal property (see below for the exact language required).

The full Civil Code 1946 (CC 1946) reads:

A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his or her intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination.  It shall be competent for the parties to provide by an agreement at the time the tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof.  The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party.  In addition, the lessee may give the notice by sending a copy by certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of the notice or by delivering a copy to the agent personally.  The notice given by the lessor shall also contain, in substantially the same form, the following:

“State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions.  You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed.  In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.”

Different rules may apply in rent control jurisdictions that may supersede CC 1946. Furthermore, if the tenant has lived in the property for longer than one year, then a 60 day notice of termination is required in most instances instead of a 30 day notice of termination, per CC 1946.1.

The Law Office of David Piotrowski can assist landlords with drafting and serving a CC 1946 termination of tenancy notice on their tenants. If you need help with an eviction in California, contact us today. We represent landlords only with eviction cases.

Be sure to check out our reviews! We look forward to serving you. We offer a free consultation on most cases.

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CCP 1166 – Unlawful Detainer Complaint in California

 

California Code of Civil Procedure 1166, also known as CCP 1166, discusses the unlawful detainer (eviction) complaint in California. Our notes and comments are in red and are not part of CCP 1166.

CCP 1166 reads as follows:

1166. (a) The complaint shall:

(1) Be verified and include the typed or printed name of the person verifying the complaint.

A non-verified complaint is defective.

(2) Set forth the facts on which the plaintiff seeks to recover.

Why is the plaintiff/landlord suing the defendant/tenant? Is it because of non-payment of rent, because the tenant violated a term of the rental agreement, or some other reason?

(3) Describe the premises with reasonable certainty.

What is the full and complete property address and property details?

(4) If the action is based on paragraph (2) of Section 1161, state the amount of rent in default.

If the eviction is based on non-payment of rent, the CCP 1166 complaint ought to state the amount of unpaid rent and go into further details.

(5) State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based. This requirement may be satisfied by using and completing all items relating to service of the notice or notices in an appropriate Judicial Council form complaint, or by attaching a proof of service of the notice or notices of termination served on the defendant.

A description of how the defendant/tenant was served with the notice to quit should be detailed on the CCP 1166 complaint.

(b) The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer, and claim damages therefor.

(c) In an action regarding residential real property based on Section 1161a, the plaintiff shall state in the caption of the complaint Action based on Code of Civil Procedure Section 1161a.

This is for foreclosure cases.

(d) (1) In an action regarding residential property, the plaintiff shall attach to the complaint the following:

(A) A copy of the notice or notices of termination served on the defendant upon which the complaint is based.

(B) A copy of any written lease or rental agreement regarding the premises. Any addenda or attachments to the lease or written agreement that form the basis of the complaint shall also be attached. The documents required by this subparagraph are not required to be attached if the complaint alleges any of the following:

(i) The lease or rental agreement is oral.

(ii) A written lease or rental agreement regarding the premises is not in the possession of the landlord or any agent or employee of the landlord.

(iii) An action based solely on subdivision (2) of Section 1161.

(2) If the plaintiff fails to attach the documents required by this subdivision, the court shall grant leave to amend the complaint for a five-day period in order to include the required attachments.

The plaintiff/landlord should attach to the CCP 1166 unlawful detainer complaint copies of the rental agreement (if the rental agreement was in writing), a copy of the termination notice, and a copy of the proof of service of the termination notice.

(e) Upon filing the complaint, a summons shall be issued thereon.

The plaintiff/landlord would then want a process server or sheriff to serve the court papers on the defendant/tenant.

For additional information on CCP 1166 and the unlawful detainer complaint, please review our article on UD-100.

The Law Office of David Piotrowski has a long history of success in winning eviction trials on behalf of the landlord. If you need help with an eviction in Southern California, contact us today. We represent landlords only with eviction cases.

Be sure to check out our reviews! We look forward to serving you. We offer a free consultation on most cases.

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CCP 1170.5 Unlawful Detainer Trial Date in California

 

California Code of Civil Procedure 1170.5, also known as CCP 1170.5, describes the time frame for when the court is supposed to schedule a trial for unlawful detainer.

CCP 1170.5 (a) reads:

(a) If the defendant appears pursuant to Section 1170, trial of the proceeding shall be held not later than the 20th day following the date that the request to set the time of the trial is made…

In plain English, this means that when the plaintiff/landlord files a request for a trial in an unlawful detainer eviction case, CCP 1170.5 says that the court shall schedule the trial to take place no later than the 20th day after the request for a trial is submitted by the plaintiff/landlord.

This is a fast process, as most types of court cases take much longer to go to trial. CCP 1170.5 is one of the few “good” things for landlords, as it helps ensure an unlawful detainer trial will be heard quickly. Of course, there are other circumstances that may delay the trial. These will be discussed in other posts.

The Law Office of David Piotrowski has a long history of success in winning eviction trials on behalf of the landlord. If you need help with an eviction in Southern California, contact us today. We represent landlords in eviction cases.

Be sure to check out our reviews! We look forward to serving you. We offer a free consultation on most cases.

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Newhall Eviction Attorney for Landlords

 

Are you in need of an unlawful detainer (eviction) lawyer to assist with evicting a tenant in Newhall? If your Newhall tenant is delinquent with the rent, is violating the rental agreement, has assigned or subleased without your consent, or if you simply wish to terminate your month-to-month agreement, we can help evict your Newhall tenant.

We will guide you through the Newhall eviction process and assist you in removing your Newhall tenant. We represent landlords in both residential evictions and commercial evictions throughout Newhall and the Santa Clarita valley.

The Law Office of David Piotrowski assists landlords with unlawful detainer cases throughout Santa Clarita, Canyon Country, and Newhall, plus the greater SCV areas.  For more information and to begin the unlawful detainer process, contact Attorney Piotrowski.

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49 CFR 1312 Tariff Publishing for Household Goods Moving Companies

 

We can create and publish your tariff for you.

Per 49 CFR 1312, household goods carriers must maintain tariffs, but the tariffs are not filed with the government. An interstate household goods moving company may transport household goods for a fee only if the rates, and related rules and practices, for such transportation or service are contained in a published tariff. (49 CFR 1312.2(a)).

Furthermore, the carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device. The carrier shall keep such tariffs available for public inspection upon request. (49 CFR 1312.2(b)). What this means is that a moving company may only charge the customer the rates that are in the tariff, nothing more and nothing less.

The Law Office of David Piotrowski publishes tariffs for interstate household goods moving companies to comply with 49 CFR 1312. Learn more about our tariff publishing service.

For more blog posts on household goods matters, click here. Receive a free consultation from the Law Office of David Piotrowski.

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