Legal Question in Real Estate Law in California

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.

In the event you are not familiar with this particular CCP I have it available - it was enacted many years ago with a sunset clause that expired in 2009 and was then adopted indefinitely in CA. SB 290.

Can you please advise me of my options? I am more than willing to move, but cannot find a place with the eviction notice in place. As I interpret CCP 1946.1 there are four conditions that must be met that are not present; making it the wrong form - does that matter?

Asked on 9/17/13, 10:09 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You've been given a 60 day notice terminating your tenancy pursuant to Code of Civil Procedure section 1946.1. That section provides that the landlord must give you a sixty (60) day notice to terminate a month to month tenancy in which you have resided in the property for more than a year. I have no idea what four conditions you are referring to, and you do not provide any information as to the character of your lease.

Your zip code indicates that you are in Hemet, which has rent control for mobile homes, but it is not clear whether this involves a mobile home or something else.

You may want to consult with an attorney in person, and go over these issues.

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Answered on 9/17/13, 10:59 am

Timothy McCormick Libris Solutions - Dispute Resolution Services

You misunderstand the subsections of section 1946.1. The conditions you refer to only apply if the property is not an apartment, i.e., it is a single family home, townhouse or condo, and it is going to be sold. You are being evicted under subsection (a) which just requires 60 days notice to evict a month-to-month tenant from an apartment complex. I have no clue what Mr. Roach is talking about regarding mobile homes since you say you have an apartment manager.

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Answered on 9/17/13, 12:14 pm

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