California Civil Code, CC Section 1946.1, Cal Civ Code

California Civil Code

CA Civil Code Section 1946.1 - Tenancy Renewal Notices - Sale of Dwelling

Current as of July 15, 2010

Cal. Civ. Code Section 1946.1. (a) Notwithstanding Section 1946, a hiring of residential 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 tenancy, as provided in this section. (b) An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination. (c) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year. (d) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if all of the following apply: (1) The dwelling or unit is alienable separate from the title to any other dwelling unit. (2) The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code. (3) The purchaser is a natural person or persons. (4) The notice is given no more than 120 days after the escrow has been established. (5) Notice was not previously given to the tenant pursuant to this section. (6) The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy. (e) After an owner has given notice of his or her intention to terminate the tenancy pursuant to this section, a tenant may also give notice of his or her intention to terminate the tenancy pursuant to this section, provided that the tenant's notice is for a period at least as long as the term of the periodic tenancy and the proposed date of termination occurs before the owner's proposed date of termination. (f) The notices required by this section 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. (g) This section may not be construed to affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction.

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