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Landlord's Guide to Rent Increase and Evictions: Step 5. Notices

This Guide covers the NOTICES that Landlords must provide to Tenants

Notice Requirements

The Tenant Protection Act has various notice requirements. These notice requirements can be categorized a follows: 

Notice requirements may differ according to the type of eviction. It is recommended to read the relevant codes and consult additional resources listed in the guide to determine the best approach applicable to your situation. 

NOTE: Local Ordinances/Codes may have more protections for tenants and may require different notices. Always check your local city and county codes. 

Tenant Protection Notice Requirements

As a landlord that is covered by the California Tenant Protection Act of 2019, you are required to provide notice to the tenant of the protections they are entitled to for rent increases and evictions. This notice is generally contained in the lease.

Subject to Civil Code § 1946.2, an owner of residential real property must notify their tenant of the protections the tenant is entitled to in the following manner: 

  • If the tenancy commenced or renewed on or after July 1st, 2020, the landlord can notify the tenant of their protections as an addendum to the lease/rental agreement, or as a written notice provided to and signed by the tenant. Civil Code § 1946.2(f)(1).
  • If the tenancy existed before July 1st, 2020, the landlord can notify the tenant by providing a written notice to the tenant no later than August 1st, 2020 or as an addendum to the lease or rental agreement. Civil Code § 1946.2(f)(2).

Civil Code § 1946.2(f)(3) states the notice must be in no less than 12-point type and include the following: 

  • "California Law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information."

Property Exemption Notice Requirements

If the property is exempt from the Tenant Protection Act under Civil Code §§ 1946.2(e)(8) & 1947.12(d)(5),  the owner of the residential real property must provide notice to the tenants of this exemption using the following statement:

  • “This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”

City of San Diego - Notice to Tenant of Local Laws & Tenant Protection Guide

Notice to Tenant

Under San Diego Municipal Code § 98.0705(a), a landlord of residential rental property is required to provide to tenant: (i) a written notice; (ii) in no less than 12 point font; and (iii) in a manner that complies with California Civil Code § 1632, that states as follows:

“California law limits the amount your rent can be increased. See California Civil Code § 1947.12 for more information. Local law also provides that a landlord shall provide a statement of cause in any notice to terminate a tenancy. In some circumstances, tenants who are seniors (62 years or older) or disabled may be entitled to additional tenant protections. See Chapter 9, Article 8, Division 7 of the San Diego Municipal Code for more information.”

Additionally, as required by San Diego Municipal Code § 98.0705(a), a landlord of residential rental property shall include a copy of the Tenant Protection Guide with the written notice to provide to tenant. 

Timing of Notice

Residential Tenancy existing before June 24, 2023: the notice required by S.D. Municipal Code § 98.0705(a) and the Tenant Protection Guide required by § 98.0705(b) shall be provided to the tenant directly or as an addendum to the lease within 90 days of June 24, 2023.

Residential Tenancy commencing or renewed on or after June 24, 2023: the notice required by S.D. Municipal Code § 98.0705(a) and the Tenant Protection Guide required by § 98.0705(b) shall be included in the lease, or as a written notice signed by the tenant at the time the lease is signed, with a copy provided to the tenant.

Rent Increase Notices

At Fault Based Eviction Notices and Samples

For At-Fault evictions that are curable, Civil Code Section 1946.2(c) requires a landlord to provide the tenant with a notice of the violation and the opportunity to cure the violation before the landlord is able to terminate the tenant.

A Landlord must give the tenant a written notice prior to initiating an eviction court case. Depending on the circumstances, the notice provides the tenant an opportunity to either pay rent that is owed, fix a problem (called perform covenants in the notice), or move out (called quit in the notice).

Listed in the tabs above are various situations which may arise in an eviction as well as links to sample notices. 

If the Tenant Protection Act applies in your situation, as a landlord evicting a tenant for an At-Fault or No-Fault cause, you are required to give notice to the tenant regarding the exact reason for the eviction. Civil Code § 1946.2(a). The reason must be one that is listed in Civil Code §§ 1946.2(b)(1) or 1946.2(b)(2) (see Just Cause Evictions tab in this research guide).

Failure to Pay Rent CCP 1161(2): A sample notice for a 3 day notice to Pay Rent or Quit may be found here:

SAMPLE - 3 Day Notice to Pay Rent or Quit

CITY OF SAN DIEGO SAMPLE - 3 Day Notice to Pay Rent or Quit

Curable (Fixable) Tenant Violations (other than non-payment of rent) Code Civil Procedure (CCP) §1161(3): A sample notice for a 3 day Notice to Perform Covenants or Quit may be found here:

SAMPLE - 3 Day Notice to Cure or Quit

CITY OF SAN DIEGO SAMPLE - 3 Day Notice to Cure or Quit

If the Tenant Protection Act applies, the Landlord must first give the Tenant a 3 day notice that provides the Tenant with an opportunity to cure the violation before giving the tenant a 3 day Notice to Quit.

  • A sample notice for a 3 day Notice to Quit may be found at the link below.
    • If the tenant does not fix the violation, then you can give them a 3 day Notice to Quit (without the option to fix the problem) to end their tenancy. Civil Code 1946.2(c)

SAMPLE - 3 Day Notice to Quit - Not Cured

CITY OF SAN DIEGO SAMPLE - 3 Day Notice to Quit - Not Cured

A landlord may give the tenant a 3 Day notice to Quit, without the option to fix the violations, for serious types of tenant violations (illegal activity, nuisance, health & safety violations, damage to property, subletting, etc.) Code of Civil Procedure § 1161(4). 

SAMPLE - 3 Day Notice to Quit - No Opportunity to Cure

CITY OF SAN DIEGO SAMPLE - 3 Day Notice to Quit - No Opportunity to Cure

 

No-Fault Based Eviction Notices and Samples

Eviction that is no-fault of the Tenant, Relocation Assistance, & Abandoned Property Notice:

If the eviction is a No-Fault evictionCivil Code 1946.2(d)(2) requires the landlord to notify the tenant of the tenant’s right to relocation assistance or rent waiver (see Box 4C in the Just Cause Evictions tab in this research guide). If the owner elects to waive the rent for the final month of the tenancy, the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.

Pursuant to Civil Code § 1946.1(h), State law permits former Tenants to reclaim abandoned personal property left at the former address of the Tenant, subject to certain conditions. State law requires that the landlord provide notice to the tenant regarding their ability to reclaim abandoned property. 

The City of San Diego Municipal Code starts protecting tenants on day one of their tenancy. 

30 DAY NOTICE OF EVICTION: Use a 30 day Eviction Notice if the tenant has occupied the property for less than 12 months. 

60 DAY NOTICE OF EVICTION: Use a 60 day Eviction Notice if the tenant has occupied the property for more than 12 months. 

60 DAY NOTICE OF EVICTION:  The tenant protection act applies to tenants who have resided in the rental property for 12 months or more. Therefore, a minimum of 60 days notice is required.

In addition to providing the above notices to the tenant(s), check your local City/County Ordinances. Some may require MORE relocation assistance and/or have extra steps, such as registering your eviction paperwork with a local housing commission or other agency or posting of an application for permits and securing the permits prior to giving notice to the tenant. The City of San Diego has such requirements. For San Diego you must use their City of San Diego Eviction Notice Registry and post permit applications and secure the permits prior to giving the eviction notice for a substantial remodel or demolition. See SDMC sections 98.0706(a)(2), 98.0706(b)(2), and 98.0704(4)(C). 

You may need to modify the samples to fit all the laws that apply to your particular situation. 

No-Fault Eviction Relocation Assistance Notice Requirements & Abandoned Property Notice

If the eviction is a No-Fault eviction, Civil Code § 1946.2(d)(2) requires the landlord to notify the tenant of the tenant’s right to relocation assistance or rent waiver. If the owner elects to waive the rent for the final month of the tenancy, the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.

SAMPLE LANGUAGE for RELOCATION ASSISTANCE OR WAIVER NOTICE:

Note: The following language is included in the Eviction Notices provided in the above Eviction Notices and Samples box.


YOU ARE HEREBY NOTIFIED, pursuant to Civil Code § 1946.2(d) you have the right to relocation assistance. The owner of the residential real property shall provide relocation assistance to the Tenant in the following manner (box checked applies):

☐  Landlord/Owner agrees to assist the Tenant to relocate by providing a DIRECT PAYMENT to the Tenant for ONE MONTH of the Tenant’s rent that was in effect when the owner issued notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.

OR

☐  Landlord/Owner agrees to WAIVE in writing the payment of rent for the FINAL MONTH of the tenancy, in the amount of _________, prior to the rent becoming due.

FAILURE to vacate after the expiration of the notice to terminate the tenancy may result in legal proceedings instituted against Tenant(s) to recover any relocation assistance or rent waiver provided to Tenant by Landlord, as well as to recover possession of the premises, damages, and court costs.


The above language is included in the Sample Eviction Notices.

SAMPLE LANGUAGE FOR ABANDONDED PROPERTY NOTICE:

Note: The following language is included in the Eviction Notices provided in the above Eviction Notices and Samples box.


PLEASE TAKE NOTE: Pursuant to Civil Code § 1946.1(h), State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.