A 90-day notice to quit in California is the topic of this blog post.
A 90-day notice to quit in California is generally served in an eviction after foreclosure by a new owner that has purchased a property in foreclosure where the tenant or subtenants have a month-to-month lease or periodic tenancy. A 90-day notice to quit in California is also known as a 90-day notice to vacate.
When a 90-day notice to quit in California must be served.
A 90-day notice to quit in California is required by Code of Civil Procedure section 1161b(a) which states in pertinent part that,
“Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at the time the property is sold in foreclosure shall be given 90 days’ written notice to quit pursuant to Section 1162 before the tenant or subtenant may be removed from the property as prescribed in this chapter.”
A 90-day notice to quit in California can also be served in situations as specified in Code of Civil Procedure section 1161b(b) which states that,
In addition to the rights set forth in subdivision (a), tenants or subtenants holding possession of a rental housing unit under a fixed-term residential lease entered into before transfer of title at the foreclosure sale shall have the right to possession until the end of the lease term, and all rights and obligations under the lease shall survive foreclosure, except that the tenancy may be terminated upon 90 days’ written notice to quit pursuant to subdivision (a) if any of the following conditions apply:
(1) The purchaser or successor in interest will occupy the housing unit as a primary residence.
(2) The lessee is the mortgagor or the child, spouse, or parent of the mortgagor.
(3) The lease was not the result of an arms’ length transaction.
(4) The lease requires the receipt of rent that is substantially less than fair market rent for the property, except when rent is reduced or subsidized due to a federal, state, or local subsidy or law.
(c) The purchaser or successor in interest shall bear the burden of proof in establishing that a fixed-term residential lease is not entitled to protection under subdivision (b).”
Service requirements for 90-day notice to quit in California.
I want to stress that the 90-day notice to quit in California must be served in strict compliance with the provisions of Code of Civil Procedure section 1162 which states that,
“(a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods:
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.
(3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.”
I also want to point out that if the new owner fails to serve a 90-day notice to quit in California in accordance with Code of Civil Procedure section 1162 that the tenant can use the issue of defective serve of the notice as an affirmative defense in their answer to the eviction complaint.
Sample answer to eviction complaint including the affirmative defense of defective service of a 90-day notice to quit in California.
Attorneys or parties in California that would like to view a portion of a sample 15 page answer to an eviction complaint in California containing brief instructions, 18 affirmative defenses including the defense of defective service of a 90-day notice to quit in California, sample verification and proof of service by mail sold by the author can see below.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.