Mak v. City of Berkeley Rent Stabilization Board, 240 Cal. App. 4th 60 (2015)

Citation: Mak v. City of Berkeley Rent Stabilization Board, 240 Cal. App. 4th 60 (2015)
Parent Document: Mak v. City of Berkeley Rent Stabilization Board, 240 Cal. App. 4th 60 (2015)
Jurisdiction: California (state)
Effective Date: 2015-09-02
Original Source: https://www.courtlistener.com/opinion/2837910/mak-v-city-of-berkeley-rent-sta... ↗

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        Section 1946.1 provides that “(a) . . . 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. . . .”
        Notwithstanding the reference in the agreement between the Maks and Burns to
notice having been given pursuant to section 1946, the parties do not dispute that the
February 2012 notice served on Burns was served pursuant to section 1946.1. Regulation
1016, quoted in text, refers to a 30-day notice under section 1946, but subparagraph D of
the regulation makes clear that the regulation applies to any request from a landlord to
vacate a unit so the landlord or a relative of the landlord may occupy the unit as his or her
principal residence.

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