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advocacy-packet20jun
1107 9th Street, Suite 801
Sacramento, CA 95814
Voice: 916.442.0753 x14
Facsimile: 916.442.7966
Christine Minnehan
Legislative Advocate
cminnehan@wclp.org
ON LAW & POVERTY
WESTERN CENTER
WCLP
SB 51 (Kuehl)
Remove Sunset: 60 Days' Notice of No-Fault Eviction
Current law requires tenants who receive "no fault" evictions be given 60 days to fi nd
and move to a new home. (Evictions where the tenant is at fault -- nonpayment of rent,
violation of the rental agreement -- require a 3-day notice.) In 2002, Civil Code Section
1946.1 was enacted that created a 60-day notice pilot program in the greater Los Angeles
area, and then in 2003 the statute was extended statewide to all tenants who had lived in
their rentals for one year.
Current law is due to expire ("sunset") on December 31, 2005. SB 51 would
remove the sunset, and therefore make permanent, a 60-day notice period before
renters must vacate.
The 60-day no fault eviction notice has demonstrated its value. The number of
tenants forced to move into their cars or homeless shelters has been reduced, because they
have a more reasonable period in which to fi nd another place to rent. Eviction actions for
holding over after the notice period expires have dropped.The longer notice has helped
tenants who must work more than one job and are confi ned to looking for a new place at
night and on weekends; it also helps those who rely on public transit to look for rentals.
It eases the burden of putting together enough money for a new security deposit (since
the current landlord is allowed to keep all of the current deposit for 21 days AFTER the
tenant moves out), application fees, utility connection fees, and other moving expenses.
Finding replacement housing is diffi cult under any circumstances, even without the
ticking pressure of a short deadline. The rental vacancy rate is always in fl ux. Although
the vacancy rate is up in the Bay Area at the moment, it is tight in Southern California:




Vacancy Rate Vacancy Rate
Market

Last Year
This Year
Los Angeles

3.2%

3.0%
(Lowest in the nation)
San Diego

3.5%

3.2%
(2nd lowest)
Inland Empire

3.9%

3.5%
(4th lowest)
Orange County
3.9%

3.6%
(5th lowest)
A fi ve percent vacancy rate is considered a normal, fully-rented market. The vacancy
rate on high end apartments is high now, while it always very tough to fi nd more affordable
apartments. Low end apartments are disappearing from the market as they are purchased
by large real estate corporations or trusts, emptied and turned into high end rentals.
California's statewide vacancy rate of 5.4 percent is the third lowest in the country.
The only two states with lower rates offer far better protection: Vermont (4.7%) requires
a 90-day notice (60 days if the tenant has lived in the unit for less than 2 years); New
Hampshire (4.8%) allows evictions only for cause.
Landlords have argued that the 60-day notice burdens other tenants by allowing
"trouble-makers" to stay longer; they also assert that good tenants may move rather
than put up with a bad situation. However, the statute is designed to address this very
problem. During the fi rst year of tenancy, a "probation" period exists, and the law allows
a termination with 30-days' notice. Thus, troublemakers can easily be removed during
that fi rst year, leaving only demonstrated good tenants with the 60-day protection.
Landlords have also asserted that tenants stop paying rent after receiving a notice. Few
tenants risk not paying rent, as they would wind up on the "blacklist" of tenant reporting
agencies, virtually guaranteeing that they will be unable to rent for 7 years. Inquirers at
Legal Services agencies are always counseled that, not matter what, keep paying the rent.
F
a
c
t

S
h
e
e
t State
Vacancy
Rate
Notice Period
Citation
Vermont
4.7
90 days if lived in unit 2 years or more; otherwise 60 days
90 days if lived in unit 2 years or more; otherwise 60 days
9 V.S.A. Sec 4467
New Hampshire
New Hampshire
4.8
just cause eviction protection
just cause eviction protection
RSA Ch 540:2, 3
California
5.4
60 days if lived in unit 1 year or more; otherwise 30 days
60 days if lived in unit 1 year or more; otherwise 30 days
Civ Code 1946.1
Wyoming
Wyoming
5.6
no specific requirement; parties to agree on period
no specific requirement; parties to agree on period
New York
6.1
30 days; but many renters have just cause protection
30 days; but many renters have just cause protection
NY CLS Real P § 232
NY CLS Real P § 232
Rhode Island
6.1
30 days; 90 days for year-to-year tenancies
30 days; 90 days for year-to-year tenancies
R.I. Gen. Laws § 34-18-37
R.I. Gen. Laws § 34-18-37
New Jersey
New Jersey
6.2
just cause eviction protection
just cause eviction protection
N.J. Stat. § 2A:18-61.2
N.J. Stat. § 2A:18-61.2
Massachusetts
6.5
90 days
90 days
ALM GL ch. 186, § 12
ALM GL ch. 186, § 12
Maine
6.8
30 days
30 days
14 M.R.S. § 6002
14 M.R.S. § 6002
Alaska
7.0
30 days
30 days
Alaska Stat. § 34.03.290
Alaska Stat. § 34.03.290
Louisiana
7.3
30 days
30 days
CCP 4701
Hawaii
7.7
45 days
45 days
HRS § 521-71
HRS § 521-71
New Mexico
8.1
30 days
30 days
N.M. Stat. Ann. § 47-8-37
N.M. Stat. Ann. § 47-8-37
Maryland
Maryland
8.2
30 days; 60 days in certain areas; 90 days for year-to-year tenancies
30 days; 60 days in certain areas; 90 days for year-to-year tenancies
MD Code § 8-402
MD Code § 8-402
Connecticut
8.4
just cause eviction protection for seniors/disabled; otherwise 3 days unless
longer period agreed to by parties
longer period agreed to by parties
Conn. Gen. Stat. §47a-23(a)
Utah
8.9
15 days
15 days
Utah Code 78-36-3
Minnesota
9.1
30 days
30 days
Minn Code 504B.135
Wisconsin
9.1
28 days, but termination only at the end of a rental period
28 days, but termination only at the end of a rental period
Wis. Stat. § 704.19
Wis. Stat. § 704.19
Iowa
9.4
30 days
30 days
Iowa Code § 562.4
Iowa Code § 562.4
Nebraska
9.5
30 days
30 days
R.R.S. Neb. § 76-1437
R.R.S. Neb. § 76-1437
Washington
Washington
9.6
30 days
30 days
RCW 59.04.020
Montana
9.7
30 days
30 days
MCA § 70-24-441
MCA § 70-24-441
Idaho
9.8
30 days
30 days
Idaho Stat. 55-208
Tennessee
10.0
30 days
30 days
TCA 66-28-512
West Virginia
West Virginia
10.0
30 days; 90 days for year-to-year tenancies
30 days; 90 days for year-to-year tenancies
W. Va. Code 37-6-5
Missouri
10.3
30 days; 60 days for year-to-year tenancies
30 days; 60 days for year-to-year tenancies
§ 441.060 R.S.Mo.
§ 441.060 R.S.Mo.
North Dakota
10.4
30 days
30 days
N.D. Cent. Code, § 47-16-15
N.D. Cent. Code, § 47-16-15
Nevada
10.6
no specific requirement; any provision where tenant must give longer
notice than landlord void
NRS 118A.220
Delaware
11.0
60 days, to commence on 1st of the month after the notice is given
60 days, to commence on 1st of the month after the notice is given
25 Del. C. § 5106
25 Del. C. § 5106
South Dakota
11.2
30 days
30 days
S.D.C.L. 43-8-8
Arizona
11.3
30 days
30 days
A.R.S. § 33-1375
A.R.S. § 33-1375
District of Columbia
11.3
just cause eviction protection
just cause eviction protection
DC ST § 42-3505.01
DC ST § 42-3505.01
Kentucky
Kentucky
11.3
30 days
30 days
KRS § 383.695
KRS § 383.695
Virginia
Virginia
11.4
30 days; 90 days for year-to-year tenancies
30 days; 90 days for year-to-year tenancies
Va. Code Ann. § 55-222
Va. Code Ann. § 55-222
Florida.
11.7
30 days; 60 days for year-to-year tenancies
30 days; 60 days for year-to-year tenancies
Fla. Stat. §83.57
Fla. Stat. §83.57
Pennsylvania
Pennsylvania
11.7
15 days; 30 days for year-to-year tenancies
15 days; 30 days for year-to-year tenancies
68 PS 250.501
Oregon
Oregon
11.8
30 days
30 days
10 O.R.S. 90.427
Mississippi
Mississippi
12.5
30 days
30 days
Miss. Code 89-8-19
Colorado
12.7
90 days if lived in unit 1 year or more; 30 days if lived there 6-12 months;
10 days if lived there under 6 months
10 days if lived there under 6 months
C.R.S. 13-40-107
Indiana
12.9
30 days; 90 days for year-to-year tenancies
30 days; 90 days for year-to-year tenancies
IC 32-31-1-1
Michigan
13.0
30 days, but termination only at the end of a rental period; 1 year for year-
to-year tenancies
to-year tenancies
MCL 554.134
Ohio
13.0
30 days
30 days
ORC Ann. 5321.17
North Carolina
13.3
7 days; 30 days for year-to-year tenancies
7 days; 30 days for year-to-year tenancies
N.C. Gen. Stat. § 42-14
N.C. Gen. Stat. § 42-14
Arkansas
13.5
30 days
30 days
Ark. Code 18-16-106
Kansas
13.6
30 days
30 days
K.S.A. § 58-2504
K.S.A. § 58-2504
Oklahoma
13.9
30 days; 90 days for year-to-year tenancies
30 days; 90 days for year-to-year tenancies
41 Okl. St. § 4
41 Okl. St. § 4
Texas
13.9
3 days unless different period agreed to by parties
3 days unless different period agreed to by parties
24.005
South Carolina
14.7
30 days
30 days
S.C. Code Ann. § 27-40-770
S.C. Code Ann. § 27-40-770
Alabama
14.8
10 days
10 days
Ala. Code § 35-9-3
Ala. Code § 35-9-3
Illinois
14.8
30 days; 60 days for year-to-year tenancies
30 days; 60 days for year-to-year tenancies
735 ILCS 5/9-207
Georgia
Georgia
16.3
60 days; 30 days if tenant terminates
60 days; 30 days if tenant terminates
O.C.G.A. § 44-7-7
O.C.G.A. § 44-7-7
Many Other States Have Notice Provisions Longer than 30 Days: Who Gets No Fault Evictions?
According to Legal Services agencies throughout the state, renters primarily receive no fault evictions
notices for these reasons:
The landlord wants to sell the unit. The landlord believes they can receive a better price if the
unit can be shown vacant, as it will present more cleanly and it can be shown without setting up an
appointment with the tenant. Condominium conversions also factor in -- more than 10,