Legal Question in Real Estate Law in California

Tenant notification inquiry

I own a small apt building and am considering changing the purpose of usage for recovering alcaholics. I like my tenants and would like to inform them of the reason they are being given notice, but with all of the new tenant laws in Calif, I am hesitant to do so. Thank you for any advice.


Asked on 3/17/03, 3:54 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Tenant notification inquiry

First thing you need to do is check local rent and eviction control ordinances, if any.

Then, you need to balance giving your tenants maximum possible notice (as a matter of fairness, not necessarily as a matter of law) versus getting the permits, etc. in place for your proposed new use. You need to determine zoning problems and other regulatory aspects of the proposed use. Will you be the operator, or will you lease the building to an established agency that knows this business and has medical staff to run it properly?

If your tenants are on leases (rather than month-to-month rental agreements), you need to let them expire.

I do not know of any state-wide law that restricts your right to terminate all rentals for this purpose provided proper notice is given; due to Civil Code section 1946.1(b), I would recommend not less than 60 days notice be given.

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Answered on 3/17/03, 4:30 pm


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