Legal Question in Real Estate Law in California

Resident Manager Termination
When being terminated from a position as an Apartment Resident Manager can you be evicted immediately upon termination or must you be given 30 days just as if you were a month to month resident? Does it matter it you are paying no rent or some part of your rent or the length of time you have resided in the unit.

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Asked on 7/09/05, 9:46 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

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Re: Resident Manager Termination

If your contract specifies a time, then the time for giving notices applies. The shortest period by law is seven day advance notice. (Civ. Code. sec. 827.)

If no notice period is specified, the legal notice period prescribed by Civil Code section 1946.1 applies. (This is a recently enacted statute that only governs until the end of this year.) If you have resided in the dwelling less than a year, the notice period is 30 days. (Civ. Code sec. 1946.1 subd. c.) If you have resided in the dwelling more than a year, the notice period is 60 days. (Civ. Code sec. 1946.1 subd. b.)

This analysis assumes that you are paying rent, if you pay partial rent. Obviously, a landlord can evict a tenant for nonpayment of rent with a 3 day pay or quit notice under Code of Civil Procedure sections 1161(2)-(4).

Very truly yours.

Answered on 7/10/05, 12:08 pm

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