NEW LAW ALERT & RANT: 60 Day Evictions

NEW LAW ALERT & RANT:  60 Day Evictions
by John Occhi, Hemet CA Realtor
Hemet CA Real Estate

In California as well as other states and the country as a whole, many new laws go into effect on New years Day.

2007 Is no different.  Some of the new laws are pretty bizarre and just way to left wing for me.  One example is one that directly reflects the Real Estate Investor business, which directly reflects the ability of Realtors, lenders and other professionals who make their living in any aspect of real estate.

My understanding of the new law (California Civil Code Section 1946.1) is that a landlord must now give a tenant who has lived in his property over 1 year, a 60 day notice to evict instead of a 30 day notice, as has been the norm for decades.

Before I go on, I need to address the disclaimer part of this rant - I am not an attorney and I am not giving anyone legal advise.  If this matter affects you in any way, I strongly suggest you contact your own legal professional for the advice that is relevant to your personal and particular situation - because they are all different. For your convenience, a copy of the text of the law copied from the above link can be found at the end of this article.  Please do your own due diligence in researching this important matter. This blog article is nothing more that a rant.

Now I do also understand that the law does allow for a 30 day notice to tenants who have lived in the property for less than a year.

So now when a Real Estate Investor wants to invest in rental property and pursue the theory that it is better to hold your property for long term wealth, rather than flipping properties - which is nothing more than generating cash-flow, they run the risk of another month without rent to cover their expenses!

Does this make anyone else mad?  How long will it be before we call up our favorite investor clients to tell them about a great home for sale that fits the profile of their portfolio only to find out that they have decided to diversify this year and are looking at investing out of state because they can't afford the California ultra left wing socialist policies anymore. 

I don't know about you, but I miss Capitalism and the rewards and respect it once generated!

Now Have a Blessed Day,

John Occhi, Hemet CA REALTOR
http://www.johnocchi.com/

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.

   (h) This section shall remain in effect only until January 1,

2010, and as of that date is repealed, unless a later enacted

statute, that is enacted before January 1, 2010, deletes or extends

that date.