California  |  Landlord & Tenant Law

Legal Question

Asked on: 9/17/13, 11:54 am

On Sept. 4, 2013 I received a 60 day eviction notice under California CCP 1946.1. This was the result of a verbal altercation with a neighbor and subsequent conversation with the apt. mgr. who “felt as if I had disrespected her.” I most certainly am guilty of ungentlemanly like conduct with my neighbor (very much out of normal character), and of not taking the matter very seriously with the mgr. I am currently on a month to month rental agreement after having fulfilled a one year lease agreement. Total time in current residence 3 years.

CCP 1946.1 was enacted many years ago with a sunset clause that expired in 2010 and was then adopted indefinitely in CA. SB 290 (2009).

Can you please advise me of my options? I am more than willing to move, but cannot find a new residence with the eviction notice in place. As I interpret CCP 1946.1 - there are several conditions that must be met that are not present; these are:

(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

Since these conditions are not present is it not the wrong form - does that matter?

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