• Sasha Struthers

The 8 Types of Notices Every Los Angeles Residential Landlord Should Know

There are a myriad of notices that must be given to residential tenants in Los Angeles. Below is a summary of the notices most often used or required.

The 24- Hour Notice

This notice is given when the landlord or an agent of the landlord intends on entering the rental unit - to make repairs or improvements, show unit to prospective rents or purchasers, to inspect the unit or if landlord believes the unit has been abandoned. The tenant is required to let you in as they have been lawfully put on notice. (See CCP §1954.)

*Tip: I have 24 Hour Notices posted at least 2 days in advance. It is not required, but I play the devil's advocate. For example, If I need to repair a unit at 8A on Wednesday, but I did not post the 24 Hour Notice until 9A on Tuesday, arguably that is not 24 Hours. I'll have the notice posted sometime on Monday (or earlier) for a Wednesday entry.

3 Day Notice to Pay or Quit

A 3 Day Notices to Pay or Quit is used when the tenant has not paid the base rent. A tenant has 3 days to pay the amount in full on the notice or be subject to an unlawful detainer (eviction). A landlord is not required to collect partial payment. If a landlord does collect partial payment it voids the 3 Day Notice to Pay or Quit and a new one must be reissued, restarting the clock.

California has changed the game on the "3 Day" Notice, it is no longer 3 Days. Assembly Bill 2343 changed 3 days from calendar days to court days. (See also CCP §1161(2).) This means weekends and court recognized holidays do not count. You can initiate an unlawful detainer the day after the 3 Day Notice expires. Here is a chart (assuming no court recognized holidays, if so add an additional day):

Notice Served on Sunday - Expires on Wednesday - File Eviction Thursday

Notice Served on Monday - Expires on Thursday - File Eviction Friday

Notice Served on Tuesday - Expires on Friday - File Eviction Monday

Notice Served on Wednesday - Expires on Monday - File Eviction Tuesday

Notice Served on Thursday - Expires on Tuesday - File Eviction Wednesday

Notice Served on Friday - Expires on Wednesday - File Eviction Thursday

Notice Served on Saturday - Expires on Wednesday- File Eviction Thursday

Court Holidays for Los Angeles.

*Tip: When I issue a 3 Day Notice to Pay or Quit for a tenant I know pays through an online portal I deactivate the portal and require the tenant to pay in person. The reason- a tenant can make a partial payment through the portal and my 3 Day Notice is void.

3 Day Notice to Perform Covenants or Quit

A 3 Day Notice to Perform Covenants or Quit is substantially similar to the 3 Day Notice to Pay or Quit, but is used when a tenant has not paid other rental obligations besides base rent, is causing a nuisance, violating terms of the rental agreement, damaging the property or using the property for illegal purposes. (See CCP §1161(3).)

30 Day Notice to Quit or Vacate

This notice is used to terminate a month-to-month tenancy of less than 1 year. Either the landlord or the tenant my give this notice at lease 30 days before the desired move out date. Accepting rent after issuing this notice will void the notice. If you want the tenant to move out at the 30 day mark you must not accept rent. This notice is used when there is no fixed term lease and the property is not subject to rent control. (See CCP §1946.) Specific language must be used regarding personal property, which is found in the code section.

*Notice to RSO Property Owners- This notice is not applicable to properties that are governed by any local or state rental control which require "for cause" evictions. (See AB 1482 codified in CCP §1946.2 for state "for cause" evictions.)

60 Day Notice to Quit or Vacate

This notice is the same as the 30 day notice, but used when the tenancy has been longer than 1 year. Again, this is for properties that are not in rent controlled zones.

Rent Increase Notices

There are two time periods applicable for rent increase notices:

30 Day Notice- Rent increase 10% or less

90 Day Notice- Rent increase greater than 10% (beginning 1/1/2020.)

A notice that is served by mail must add an additional 5 days for mailing. Local ordinances may also change the requirement. (See CCP §827 and AB 1110.)

*Tip: For rent increase notices I add at least 15 days, so for 30 day notices I mail them out 45 days in advance. I serve tenants by (1) mailing the notice and (2) posting the notice on the door. This is not required but it is a safe practice to use if a tenant later argues the were not properly served a rent increase notice. Also, itemize rent increase notices to separate base rent from any allowed surcharges, such as SCEP, RSO, Capital Improvements or other allowed surcharges.

Los Angeles Rent Stabilization Ordinance Notice

Los Angeles City's Rent Stabilization Ordinance (know as "LARSO") requires landlords not only post a Notice of Property Subject to RSO on the property near the mailboxes, but tenants must be served the RSO Certificate. This certificate is issued each year after the landlord updates the information with HCIDLA for each unit.

*Tip: Once I receive a new RSO certificate for the year I post it on tenant doors two months before the effective date of the certificate. I always mail and post a copy of the RSO Certificate with any rent increase notices as well.

Assembly Bill 1482 Notice

With the passage of AB 1482 landlords must serve all tenants a notice of the implications of the new bill, in writing. For tenancies before July 1, 2020 the notice must be served on tenants no later than August 1, 2020. The notice must contain the following language:

"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."

For properties that are exempt from AB 1482 a notice must be served on the tenants in writing that reads the following language:

"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."

*Tip: Makes the applicable notice an addendum to any new leases moving forward.

Service of these Notices

Service varies depending on the type of notice. Typically, pursuant to CCP §1162, service of these notices may be done by (1) personal delivery to the tenant or (2) if no suitable adult is present, then posting the notice on the tenant's door and mailing a copy to the tenant. For the 30 or 60 day notices you may also serve a tenant a copy by certified or registered mail. Consult the applicable statute or local ordinance before serving the notice.

Before you issue any notice it is strongly recommended that you consult with an attorney, especially if you anticipate evicting a tenant based on that notice.

The information in this post is for general information purposes only. Nothing on this post should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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