Showing 1–20 of 78 results
...eviction notice,” including a three- day notice under Code of Civil Procedure section 1161, subdivision (2). They assert that this requirement for an additional cure period for the nonpayment of rent—that is, the “reasonable period” described by section 1803...
...tenancy at will or periodic tenancy (see Civ. Code, §§ 789, 1946) or of a lease terminable at the landlord’s option. Indeed such notice is a prerequisite to an application for a certificate of eviction. (§ 7, subd. (b).) What is...
7 I. THE PLAIN LANGUAGE OF THE ELLIS ACT ALLOWS AN ELIGIBLE ELDERLY OR DISABLED TENANT TO DEFEND AGAINST AN EVICTION BASED ON THE OWNER’S CHANGE IN TENANCY TERMS DURING THE NOTICE PERIOD.
...That case examined an ordinance that created a longer notice timeline for landlords pursuing at-fault evictions and concluded the ordinance was procedural under Birkenfeld’s framework because it extended the statutory notice period under Code of Civil Procedure section...
...tenant a reasonable period to cure the nonpayment of rent before a three-day notice may be served or any other action taken to institute eviction proceedings. This additional cure period thus extends the three days’ notice required under the...
...landlord's power to evict: The Code of Civil Procedure requires no waiting period before commencing the action after the giving of proper notice and the expiration of the applicable statutory waiting periods. The notice need not specify the reason...
...the three-day notice period. The mere use of the words “pay or quit” in the title of the document was insufficient to “clearly, positively, and unequivocally” place Cepeda on notice that he was facing imminent eviction. (Horton-Howard v...
...City and County of San Francisco (2018) 20 Cal.App.5th 510, 512, 518 [ordinance providing a defense to certain evictions if a child or educator resided in the unit and “the effective date of the notice of termination of...
...under the Birkenfeld framework because it extended the notice period under Code of Civil Procedure section 1161, while the city argued the ordinance was substantive because it limited the grounds for eviction as an appropriate exercise of the city’s...
78 Measure H’s requirement that landlords serve a Written Notice to Cease and allow an additional cure period as a condition precedent for eviction for nonpayment of rent is a procedural requirement that conflicts with the timeline under Code...
...The ordinance in that case "require[d] that tenants be provided notice and an opportunity to cure any offending conduct before a landlord may resort to eviction. Where an eviction is brought due to a tenant's substantial violation of...
...The ordinance in that case “require[d] that tenants be provided notice and an opportunity to cure any offending conduct before a landlord may resort to eviction. Where an eviction is brought due to a tenant’s substantial violation of...
...In evictions based on three-day notices to perform or quit, as in the present case, breaches would only constitute valid grounds for eviction if they were not cured within the notice period, meaning tenants could not be evicted based...
...Code § 1942.5(d) precludes evidence of good cause to rebut a claim of retaliatory eviction unless the facts alleged constituting good cause were first in the 30 (or 3) day notice and pleaded in [Landlord’s] complaint, which had...
...notice requirement that is preempted by state law—the Unlawful Detainer Act (Code Civ. Proc., § 1159 et seq.)—insofar as it imposes an additional cure period beyond the period required under state law before a landlord may pursue an eviction...
Tenant contends that (1) the appeal should not be dismissed as moot, and (2) the judgment must be reversed because section 1942.5, subdivision (a), prohibits serving eviction notices during the 60-day period unless they meet the requirements of...
...a written notice correctly stating the amount of rent then due and requiring its payment within a period, stated in the notice, of not less than three days. However, this subsection shall not constitute grounds for eviction where tenant has...
...service or mailing of the notice shall be in accordance with the longer period.” As we have described, under Birkenfeld and its progeny, a municipality has authority to limit the substantive grounds for eviction, but it may not interfere with...
...20 (Webb), for the proposition that a landlord is entitled to serve a three-day notice after having previously rejected tendered rental payments, and that the tenant must then pay the rent due within the notice period to prevent eviction...
...First, it amended section 37.9, subdivision (c) to provide that for notices to vacate under the first six “just cause” requirements for evictions where a tenant is at fault, a landlord “shall prior to serving the notice to vacate...