[CA] How do I legally terminate a tenant in a church parsonage for no-fault reasons, and is relocation assistance required?

Lexi, Chatbot

I understand that navigating the eviction process can be challenging, especially in California. Have you already provided any written notice to your tenant regarding the termination of their tenancy?

Lexi, Chatbot

Is the tenant currently on a lease agreement, or are they renting month-to-month?

Benjamin

Hey there! I’m Benjamin, an attorney with many years of experience.

I understand you’re dealing with a situation involving the eviction of a California residential tenant from a church parsonage to convert it into office space. Is that correct? How long has the tenant been in the space?

Benjamin

Thanks for sharing that.

Benjamin

Thanks for sharing that. Because they have been there for over one year, you are required to issue a 60-day notice to terminate the month-to-month tenancy. Here is a good template you can use:

60-DAY NOTICE TO TERMINATE TENANCY
(California Civil Code § 1946.1)

Date: _______________________

To (Tenant’s Full Name(s)): _______________________
And All Other Occupants in Possession

Rental Address: ____________________________________________
City: ____________________ State: CA Zip: ___________

Dear Tenant(s):

This letter serves as your Sixty (60) Day Notice to Terminate Tenancy for the premises listed above.

Pursuant to California Civil Code § 1946.1, the undersigned Landlord/Lessor hereby elects to terminate your month-to-month tenancy effective sixty (60) calendar days after service of this notice. Accordingly, your tenancy will terminate at 11:59 p.m. on _____________________ [insert date 60 days from service], and you are required to vacate and surrender possession of the premises by that date.

All rent shall be paid in full through the termination date. Please leave the premises in clean and undamaged condition and return all keys and access devices to the Landlord/Lessor by the termination date.

Your security deposit will be handled in accordance with California Civil Code § 1950.5, including applicable deductions for unpaid rent, damages, or necessary cleaning.

If you fail to vacate by the termination date, the Landlord may initiate unlawful detainer (eviction) proceedings to recover possession and related costs.

Landlord / Authorized Agent:
Name: __________________________________________
Address: ________________________________________
City: _____________________ State: ____ Zip: _______
Phone: __________________________________________
Email: ___________________________________________

Signature: ____________________________________
Date: _______________________

Proof of Service (To Be Completed by Person Delivering Notice)

I, ______________________________________, declare that on ____________, 20, I served this notice on the tenant(s) named above in the following manner (check one):

☐ Personal service (handed to tenant)
☐ Substituted service (left with a person of suitable age and mailed a copy)
☐ Posted on door and mailed a copy (if tenant absent)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signature of Server: ___________________________
Date: _______________________

Based on your situation, there are several legal considerations in California that could potentially support your case:

1. Notice Period: In California, for a month-to-month tenancy, landlords are generally required to provide at least a 60-day notice if the tenant has lived in the property for more than one year. However, you may give more than 60 days if you wish to be accommodating. (CA Civ Code § 1946.1)

2. Relocation Assistance: Under California law, relocation assistance is typically required in “no-fault” evictions under certain circumstances, such as when the property is being withdrawn from the rental market, which is relevant here. Therefore, yes — you would generally need to forgive the last month’s rent or provide up to one month’s rent in relocation expenses. (CA Civ Code § 1946.2)

Benjamin

Good luck. Did that solve your issue? Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. If you have a new question on a different topic, please submit it separately.