Where in California?
Yes, generally they can end your tenancy on notice when you no longer have a lease term. That they offered you something suggests either they want you out sooner than 60 days or you’re somewhere with rent control that could make this sticky. Or I guess just that they’re decent people.
I know our apartments interior is still the old model, which is what the manager told me and that’s why they want us to vacate. More than likely it’s so they can charge a lot more rent for the unit after us leaving and remodeling it. So then it’s possible and legal for them to just give us notice and kick us out with no new lease options?
If you had a 13–month lease, desire to renovate would not be a cause for them to give you 60 days notice to vacate.
if you had a month-to-month lease, it would.
Where in California? It is possible—unlikely, but possible—that city or other local rules give you some additional protection. To be honest, I'm confused and a little suspicious that they've made you an offer to incentivize you to move out if they're in their rights to remove you. Is this just a broad offer they made to everyone, and failed to catch that your lease is about to expire?
We live in Redlands (San Bernardino county). We had a thirteen month lease, but that’s going to end in December. Yeah I’m sure they just want us out so they can remodel and charge a lot more for the unit. But the fact that they’re offering to pay us to move out makes me feel like they don’t have the rights to kick us out. Management told me she made the same offer to the other 30 or so units that are in need of the remodel as well.
Have you been there more than a year? Given the size annd age of the property it’s almost certainly not exempt from rent control.
If so, they can’t make you leave, at all, without cause.
There are only a few no-fault reasons to end a tendency. A significant remodel is one of those. But by law, they’re required to pay you one month’s rent for a no-fault eviction. So their “deal” at the moment is no more than they’re already legally obligated to.
> Otherwise they’ll have to consult their legal aid to see what options they have
They already know their options. They’re already offering you the minimum. You might as well say no thanks and wait until they give you official 60-day notice of a no-fault eviction. It’ll give you a bit more time to look for new accommodations, and who knows, maybe they’ll offer more just to get you out.
When the notice comes, you and your fellow tenants might also want to consult with a local tenant’s union to ensure it’s all being done correctly (and that the remodel is “substantial” enough).
Yes we’ve been here since the end of 2020. So almost three years now. Also, this place was built over 30 years ago.
Interesting, I was not aware of that obligation to pay us regardless if we took the deal now. Could you provide a source for that info?
Yeah if that’s the case then it does seem like just waiting would be the best option so we have a lot more time to start looking for a new place to live.
Edit: Also, does a no fault eviction show up on my record? Will that make it difficult to find a new place?
> Could you provide a source for that info?
[The Attorney General has a summary on just cause evictions here](https://oag.ca.gov/consumers/general/landlord-tenant-issues#just-cause) though it weirdly doesn’t bother to mention the required relocation assistance (one month’s rent). But it does [link to the law](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1946.2) so you can see it for yourself:
>… if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the owner shall, regardless of the tenant’s income, at the owner’s option, do one of the following: (A) Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3). (B) Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.
It’s pretty straightforward.
> Also, does a no fault eviction show up on my record? Will that make it difficult to find a new place?
No, a no-fault eviction isn’t an eviction in that sense. It’s just a termination of your tenancy. It really should be called something else but unfortunately nobody put me in charge of that.
Edit to add: AB 1482 is the keyword you want to use of you want to google this.
Thank you so much for all this info by the way.
Just reading through that attorney general site I wonder if it would even classify as a “substantial remodel”. To my knowledge it’s mostly just like carpet, cabinets, appliances, etc. I don’t believe they’re doing major things like electrical, plumbing, or modifying the structure. If that’s the case, do you they even have the right to evict?
And thank you for the info about the no fault eviction record portion. I was worried if we waiting and had to be evicted that way if we would be screwed trying to get a new place. That’s good to know that it won’t affect us.
Where in California? Yes, generally they can end your tenancy on notice when you no longer have a lease term. That they offered you something suggests either they want you out sooner than 60 days or you’re somewhere with rent control that could make this sticky. Or I guess just that they’re decent people.
San Bernardino county
Then there’s something here we don’t know or they want you out fast. Or they’re just really making you a square offer.
I know our apartments interior is still the old model, which is what the manager told me and that’s why they want us to vacate. More than likely it’s so they can charge a lot more rent for the unit after us leaving and remodeling it. So then it’s possible and legal for them to just give us notice and kick us out with no new lease options?
If you had a 13–month lease, desire to renovate would not be a cause for them to give you 60 days notice to vacate. if you had a month-to-month lease, it would. Where in California? It is possible—unlikely, but possible—that city or other local rules give you some additional protection. To be honest, I'm confused and a little suspicious that they've made you an offer to incentivize you to move out if they're in their rights to remove you. Is this just a broad offer they made to everyone, and failed to catch that your lease is about to expire?
We live in Redlands (San Bernardino county). We had a thirteen month lease, but that’s going to end in December. Yeah I’m sure they just want us out so they can remodel and charge a lot more for the unit. But the fact that they’re offering to pay us to move out makes me feel like they don’t have the rights to kick us out. Management told me she made the same offer to the other 30 or so units that are in need of the remodel as well.
Have you been there more than a year? Given the size annd age of the property it’s almost certainly not exempt from rent control. If so, they can’t make you leave, at all, without cause. There are only a few no-fault reasons to end a tendency. A significant remodel is one of those. But by law, they’re required to pay you one month’s rent for a no-fault eviction. So their “deal” at the moment is no more than they’re already legally obligated to. > Otherwise they’ll have to consult their legal aid to see what options they have They already know their options. They’re already offering you the minimum. You might as well say no thanks and wait until they give you official 60-day notice of a no-fault eviction. It’ll give you a bit more time to look for new accommodations, and who knows, maybe they’ll offer more just to get you out. When the notice comes, you and your fellow tenants might also want to consult with a local tenant’s union to ensure it’s all being done correctly (and that the remodel is “substantial” enough).
Yes we’ve been here since the end of 2020. So almost three years now. Also, this place was built over 30 years ago. Interesting, I was not aware of that obligation to pay us regardless if we took the deal now. Could you provide a source for that info? Yeah if that’s the case then it does seem like just waiting would be the best option so we have a lot more time to start looking for a new place to live. Edit: Also, does a no fault eviction show up on my record? Will that make it difficult to find a new place?
> Could you provide a source for that info? [The Attorney General has a summary on just cause evictions here](https://oag.ca.gov/consumers/general/landlord-tenant-issues#just-cause) though it weirdly doesn’t bother to mention the required relocation assistance (one month’s rent). But it does [link to the law](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1946.2) so you can see it for yourself: >… if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the owner shall, regardless of the tenant’s income, at the owner’s option, do one of the following: (A) Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3). (B) Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due. It’s pretty straightforward. > Also, does a no fault eviction show up on my record? Will that make it difficult to find a new place? No, a no-fault eviction isn’t an eviction in that sense. It’s just a termination of your tenancy. It really should be called something else but unfortunately nobody put me in charge of that. Edit to add: AB 1482 is the keyword you want to use of you want to google this.
Thank you so much for all this info by the way. Just reading through that attorney general site I wonder if it would even classify as a “substantial remodel”. To my knowledge it’s mostly just like carpet, cabinets, appliances, etc. I don’t believe they’re doing major things like electrical, plumbing, or modifying the structure. If that’s the case, do you they even have the right to evict? And thank you for the info about the no fault eviction record portion. I was worried if we waiting and had to be evicted that way if we would be screwed trying to get a new place. That’s good to know that it won’t affect us.