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FAA
FOOTHILL APARTMENT ASSOCIATION LNEWS UPDATE
ooking forward to the New Year we have shares bathroom or kitchen facilities with the owner.
some new updates to our most important forms. There is a new form Landlords must give for a three-day notice for non- payment of rent from October 1, 2021, to March 31,2022. On our website it is listed as the 3day C19 recovery Pay or Quit.
The form is compliant with the State of California’s Covid 19 Recovery period laws and informs the tenant of their obligation to apply for the state’s Rent Relief program. Before issuing a summons on an unlawful detainer the courts will be checking to see if a tenant has applied for rent relief; this will be a major factor in the courts decision making process.
For non-payment of rent prior to October 1st 2021the 15-day notice to pay or quit along with the Declaration of Covid-19 Financial Distress is to continue to be used.
Other significant updates are found on our Change of Terms of Tenancy (the notice we use to increase the rent) and the Termination of Tenancy forms (the old 30- or 60-day notice to Quit). The key here is knowing whether or not the property concerned is subject to the Tenant Protection Act of 2019.
Under the Tenant Protection Act, the most common exemptions are: (1) separately alienable single-family dwellings, including a condominium, as long as the property is not owned by a corporation, a limited liability company with a corporate member; or a real estate investment trust. For this exemption to apply, the landlord must first give the tenant applicable notice of the exemption; (2) dwellings built in the previous 15 years prior to this notice; (3) a duplex in which one of the units was owner occupied at the commencement and throughout the tenancy; (4) single family owner occupied residences in which the owner rents no more than two units or bedrooms, including accessory dwelling units or junior accessory dwelling units; and (5) housing accommodations in which the tenant
These exempt properties may be given a termination of tenancy that is either 30 days, in the event it is in the first year of a month-to-month tenancy; 60 days, in the evert the tenancy has been more than 12 months; or 90 days, applies if the Tenant is a beneficiary of, and the tenancy is subject to, a government agency rental housing assistant program.
For properties subject to the Tenant Protection Act, the owner can give a 30-day notice to terminate but this only applies if all tenants have occupied the premises for less than 12 months OR at least one tenant has occupied the Premises for less than 12 months and no other tenant has occupied the property for 24 months or more. In other words, “just-cause” protection doesn’t begin until after all the tenants have lived in the unit at least one year.
Once just cause is in place a 60-day termination can only be given for the following reasons: 1) Family Move-In. Owner, or owner’s spouse, domestic partner, parents, grandparents, children, or grandchildren, intend to occupy the premises. 2) The owner intends to withdraw the premises from the rental market. 3) The owner intends to demolish or substantially remodel the premises. 4) The owner intends to comply with an order of a government agency or court regarding habitability of the premises, or direction to vacate OR a local ordinance that mandates the Premises be vacated.
And lastly, if they haven’t done so already, we’d like to remind all owners that they need to issue a Notice to each unit indicating whether the unit is subject to the Tenant Protection Act, or whether it is exempt. You can find these notices, as well as all our other forms on our website, free to our members.
Have a great Holiday Season and a Happy and safe New Year, from all of us at the Foothill Apartment Association.
All content within this column is provided for general information and should not be treated as a substitute for the legal advice of your lawyer or any other financial or legal professional. The FAA is not responsible or liable for any decision made by a reader based on the content of this article. The FAA is not liable for the contents of any external internet sites listed, nor does it endorse any commercial product or service mentioned or advised on any of the external sites listed.
10 DECEMBER 2021 - APARTMENT MANAGEMENT MAGAZINE AMM1/6