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60 Day Notice Required for Termination of all Residential Tenancies

tenant

Current law requires landlords issuing “no fault” eviction notices to give tenants 60 days in which to move, but at the end of this year this requirement will “sunset” and revert to the prior law providing only 30 days notice. This bill makes the notice requirement permanent.

A “no fault” eviction means that the tenant’s lease is terminated not because the tenant breached the lease, but rather because the lease term has expired and the landlord does not wish to renew it. In places without rent control, the landlord is free to terminate the tenancy upon lease expiration provided that the owner is not discriminating against the tenant for unlawful reasons such as the tenant’s race, religion, ethnicity, gender, sexual orientation or national origin. However, in cities that have rent control, a no fault eviction must also be expressly permitted by the rent law; as such, no fault evictions are generally limited to owner/relative move-ins, removal of illegal units, substantial rehabilitations, sale of condominium units and, for a temporary displacement of tenants with the right to return, lead abatement or capital improvement work to the unit.

The new law becomes effective January 1, 2010 and applies to all residential tenancies over one year in length.  If a tenancy is less than one year than a 30 day notice is sufficient.  The text of the law can be viewed here.

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