New Provisions to 3 Day Notice to Pay or Quit in Unincorporated Los Angeles County
An At-Fault Termination of Tenancy, as outlined in the provided information, refers to circumstances where a landlord has valid reasons to terminate a tenancy agreement. In this case, one of the qualifying factors for an At-Fault termination is the tenant’s failure to pay rent exceeding a specified monetary threshold. Let’s delve into the details of this provision.
Failure to Pay Rent Exceeding Monetary Threshold
Basis for Termination
The termination is considered “at-fault” if the tenant fails to pay rent as legally required by the rental agreement and applicable state or local laws.
The landlord must serve the tenant with a written notice specifying the amount of rent due and requiring payment within a specified period of at least three (3) days.
A critical condition for eviction is that the tenant’s total rental debt must surpass a monetary threshold. This threshold is defined as an amount equal to one month of fair market rent for the specific area, such as the Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area.
The fair market rent is determined annually by the U.S. Department of Housing and Urban Development (HUD) for 0-4 bedroom rental units. The specific threshold depends on the type of rental unit occupied by the tenant and is outlined in the HUD’s procedures and guidelines.
The written notice must comply with California Civil Code sections 1946 through 1946.5 and California Code of Civil Procedure section 1161. Additionally, the notice should state the number of bedrooms in the tenant’s fully or partially covered rental unit.
This provision not only establishes the grounds for eviction but also emphasizes the importance of adhering to both federal and state regulations, ensuring fair treatment of tenants while protecting the landlord’s rights. The inclusion of a monetary threshold adds a layer of consideration, preventing eviction for minor rental arrears and promoting a balanced approach to tenancy termination based on substantial non-compliance with payment obligations.
Violation of Material Term of Rental Agreement Provisions
The provision regarding the “Violation of Material Term of Rental Agreement” outlines circumstances under which a landlord can initiate an eviction process due to a tenant’s substantial breach of crucial rental agreement terms. Let’s break down the key components of this provision:
Continued Substantial Violation of Material Term
Basis for Termination
The tenant faces eviction if they persistently and significantly violate any material term specified in the rental agreement, as outlined in California Code of Civil Procedure section 1161, subdivision (3).
The landlord must serve the tenant with a written notice to cease the violation. If the tenant does not remedy the violation within ten (10) days after receiving written notice, the landlord can proceed with eviction.
New Terms Added to Rental Agreement
Any new terms added to an existing rental agreement are not automatically considered material unless the tenant expressly consents to them in writing. This provision ensures that changes to the agreement require the tenant’s explicit agreement to be enforceable.
Adding extra occupants to an existing tenancy is generally not considered a material breach, provided the number of occupants complies with the maximum allowed by state or local laws. This clause prevents eviction solely based on the addition of occupants within legal limits.
Damage to Rental Unit
A tenant’s willful cause or allowance of substantial damage to the rental unit beyond normal wear and tear is deemed a material term of the rental agreement.
If such damages occur, and the tenant refuses, after written notice, to pay the reasonable costs of repairing the damages and cease causing harm to the rental unit, it constitutes a substantial violation.
This provision emphasizes the importance of tenants adhering to the material terms of the rental agreement. The inclusion of specific clauses, such as consent for new terms, allowances for additional occupants within legal limits, and responsibility for damages, ensures a fair and balanced approach to eviction, protecting both the landlord’s property interests and the tenant’s rights.
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