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OF SAN DIEGO

NEW LAWS FOR 2007

  
 

 

 


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SOME HIGHLIGHTS OF THE FOLLOWING NEW LAWS FOR 2007
(This page will be updated from time to time with new information or analysis.) 

60 DAY NOTICE LAW REENACTED

-Civil Code section1946.1  provides that in residential periodic tenancies (usually month to month)  of at least one year by any one of the tenants or residents landlords must serve a 60 day notice to terminate the tenancy. 

Under this version of section 1946.1, it appears that new roommates or other added residents restart the one year clock allowing the 30 day notice to be used until all the tenants
and/or residents have at least one year of residency. 

-Tenants still need only give a notice to terminate their tenancy as long as the period of the tenancy (i.e. 30 days in a month to month,  7 days in a week to week tenancy etc.).  
EXCEPTIONS
1.  When the landlord is selling a separate unit (i.e. not the whole apartment building) to a person (i.e. not an entity), the notice is given within 120 days of opening an escrow, there have been no prior notices to quit (as per Civil Code 1946) and the buyer intends to live in the home for at least one year.  
2.  Tenants remaining in a dwelling after a foreclosure sale  
3.  Certain "Tenants at will"  may not be included within this law.
-This law is set to expire on December 31, 2009.

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California law for San Diego is applied in these pages. This is not represented to be a full and complete list of all laws that may or may not affect tenants or occupants in properties  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 are not intended nor should they be relied upon as any specific representation of any law.  For legal advice in a particular situation, promptly consult with an appropriate attorney.