NEW LAWS FOR 2006

SOME HIGHLIGHTS OF THE FOLLOWING NEW LAWS FOR 2006
(This page will be updated from time to time with new information or analysis.) 

60 DAY NOTICE LAW EXPIRED

California Civil Code 1946.1 expired on 12/31/2005.  This is the law which gave tenants who lived in the same dwelling for over one year the right to a 60 day notice of termination of their month to month tenancy.  Beginning 1/1/2006, the law on such notices is now covered by California Civil Code 1946 where a landlord need only serve a 30 day notice to terminate a month to month tenancy.

90 DAY NOTICE FOR SECTION 8 TENANCIES

On 6/13/05 the California Supreme Court ruled in the case of Wasatch Property Management v. Degrate that a landlord who terminates a tenancy agreement with a tenant who is on the Section 8 program where the eviction is not for cause  (i.e. rules violations etc.) is required to give that tenant a 90 days’ notice to quit. 

SMALL CLAIMS COURT REORGANIZED

Small Claims Court cases are now broken up into three levels with three limits.  $1,500.00, $5,000.00 and $7,500.00.  The upper limit cases are for plaintiffs who are natural persons only (i.e. no corporations, partnerships, unincorporated associations, governmental entities etc. may file cases for this upper limit) with escalating filing fees for each level.   

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California law for San Diego is applied in these pages.  Such laws may or may not be applicable in other jurisdictions.  The information provided herein is of a general nature and is not intended to be taken as specific legal advice.  Legal summaries are only the opinion of the Tenants Legal Center and not a specific representation of any law.  For legal advice in a particular situation, promptly consult with an appropriate attorney.