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California Notice of Breach of Written Lease for Violating Specific...

San Jose California Notice of Breach of Written Lease for Violating Specific Provisions of Lease with Right to Cure for Residential Property from Landlord to Tenant

Category:

Landlord Tenant - Residential Leases - Termination

State:

California

City:

San Jose

Control #:

CA-1500LT

Format:

Instant download

Description

This Notice of Breach of Written Lease for Violating Specific Provisions of Lease with Right to Cure for Residential Property from Landlord to Tenant form is for a Landlord to provide notice of breach of a Written Lease for violating a specific provision of the lease with the right to cure. It is for a Residential lease. You insert the specific breach in the form. The lease should contain the specific provision which has been violated and provide the deadline to cure the breach. This form is for use when a form for your specific situation is not available.

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FAQ

The State of California Department of Consumer Affairs can help with questions or complaints regarding landlord/tenant relationships, including repair issues, safety violations, and Health and Safety Code violations. For further information, call (800) 952-5210, or visit the website at .

If you are found by the court to be in breach of the lease, the court could order you to pay damages, legal costs and/or ask you to put right any breach if it is possible to do so. The landlord may also seek possession of your flat which is also referred to as forfeiture.

You must provide your landlord with a written notice of your intent to move out. After the landlord receives the notice, the lease then ends after 30 days....You can provide any of the following forms of proof: An Address Confidentiality Program Card. A copy of a restraining order. A copy of a court order of protection.

When Breaking a Lease Is Justified in Indiana You Are Starting Active Military Duty.You Are a Victim of Domestic Violence.The Rental Unit Is Unsafe or Violates Indiana Health or Safety Codes.Your Landlord Harasses You or Violates Your Privacy Rights.

Most states, including Texas, have laws allowing a landlord to evict a tenant for violating a portion of the lease or rental agreement. Lease violations include having a pet despite a no-pets policy, willfully damaging the rental property, and not moving out of the rental property at the end of the lease period.

If your landlord breaches the terms of the lease you can take legal action against them to court. This is because the lease is a contract between two parties (the leaseholder and the landlord) and any actions for breach can be enforced via the courts.

The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period. The landlord and the tenant may agree in writing to an early termination of a rental agreement.

Rental lease agreement violations are not uncommon. Even the most responsible tenants might make a mistake every once in a while....Here are the most common violations and how you should handle them. Long-Term Guests.Unauthorized Pets.Unpaid Rent.Property Damages.Commercial Use of Property or Unit.

Can a landlord break a lease in Nevada? A landlord in Nevada is allowed to break a lease if a tenant intentionally damages the property and/or doesn't comply with the rental agreement, such as not paying rent on time. In either case, a landlord is required to give notice to a tenant.

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Notice of Breach of Written Lease for Violating Specific Provisions of Lease with Right to Cure for Residential Property from Landlord to Tenant

1161 Civ. Proc.

A tenant of real property, for a term less than life, or the executor or administrator of his or her estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:

1. When he or she continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him or her; provided such expiration is of a nondefault nature however brought about without the permission of his or her landlord, or the successor in estate of his or her landlord, if any there be; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant or employer and employee or principal and agent or licensor and licensee has been lawfully terminated or the time fixed for such occupancy by the agreement between the parties has expired; but nothing in this subdivision contained shall be construed as preventing the removal of such occupant in any other lawful manner; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in the Civil Code.

2. When he or she continues in possession, in person or by subtenant, without the permission of his or her landlord, or the successor in estate of his or her landlord, if any there be, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days' notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him or her and if there is a subtenant in actual occupation of the premises, also upon such subtenant.

Such notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of his or her landlord, if any there be, he or she shall be deemed to be holding by permission of the landlord or successor in estate of his or her landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.

3. When he or she continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days'notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him or her, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to said lessee or his or her subtenant, demanding the performance of the violated conditions or covenants of the lease.

A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of his or her unlawful detention of the premises underlet to him or her or held by him or her.

4. Any tenant, subtenant, or executor or administrator of his or her estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the dernised premises, contrary to the conditions or covenants of his or her lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using such premises for an unlawful purpose, thereby terminates the lease, and the landlord, or his or her successor in estate, shall upon service of three days' notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who illegally sells a controlled substance upon the premises or uses the premises to further that purpose, shall be deemed to have committed a nuisance upon the premises.

5. When he or she gives written notice as provided in Section 1946 Civ. of the Civil Code of his or her intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver up possession at the time specified in that written notice, without the permission of his or her landlord, or the successor in estate of the landlord, if any there be.

As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 Civ. of the Civil Code.

(Amended by Stats. 1996, Ch. 658, Sec. 2. Effective January 1)

1161.1 Civ. Proc.

With respect to application of Section 1161 in cases of possession of commercial real property after default in the payment of rent:

(a) If the amount stated in the notice provided to the tenant pursuant to subdivision (2) of Section 1161 is clearly identified by the notice as an estimate and the amount claimed is not in fact correct, but it is determined upon the trial or other judicial determination that rent was owing, and the amount claimed in the notice was reasonably estimated, the tenant shall be subject to judgment for possession and the actual amount of rent and other sums found to be due. However, if (1) upon receipt of such a notice claiming an amount identified by the notice as an estimate, the tenant tenders to the landlord within the time for payment required by the notice, the amount which the tenant has reasonably estimated to be due and (2) if at trial it is determined that the amount of rent then due was the amount tendered by the tenant or a lesser amount, the tenant shall be deemed the prevailing party for all purposes. If the court determines that the amount so tendered by the tenant was less than the amount due, but was reasonably estimated, the tenant shall retain the right to possession if the tenant pays to the landlord within five days of the effective date of the judgment (1) the amount previously tendered if it had not been previously accepted, (2) the difference between the amount tendered and the amount determined by the court to be due, and (3) any other sums as ordered by the court.

(b) If the landlord accepts a partial payment of rent, including any payment pursuant to subdivision (a), after serving notice pursuant to Section 1161, the landlord, without any further notice to the tenant, may commence and pursue an action under this chapter to recover the difference between the amount demanded in that notice and the payment actually received, and this shall be specified in the complaint.

(c) If the landlord accepts a partial payment of rent after filing the complaint pursuant to Section 1166, the landlord!s acceptance of the partial payment is evidence only of that payment, without waiver of any rights or defenses of any of the parties. The landlord shall be entitled to amend the complaint to reflect the partial payment without creating a necessity for the filing of an additional answer or other responsive pleading by the tenant, and without prior leave of court, and such an amendment shall not delay the matter from proceeding. However, this subdivision shall apply only if the landlord provides actual notice to the tenant that acceptance of the partial rent payment does not constitute a waiver of any rights, including any right the landlord may have to recover possession of the property.

(d) "Commercial real property" as used in this section, means all real property in this state except dwelling units made subject to Chapter 2 (commencing with Section 1940 Civ.) of Title 5 of Part 4 of Division 3 of the Civil Code, mobilehomes as defined in Section 798.3 Civ. of the Civil Code, or recreational vehicles as defined in Section 799.24 Civ. of the Civil Code.

(e) For the purposes of this section, there is a presumption affecting the burden of proof that the amount of rent claimed or tendered is reasonably estimated if, in relation to the amount determined to be due upon the trial or otherjudicial determination of that issue, the amount claimed or tendered was no more than 20 percent more or less than the amount determined to be due. However, if the rent due is contingent upon information primarily within the knowledge of the one party to the lease and that information has not been furnished to, or has not accurately been furnished to, the other party, the court shall consider that fact in determining the reasonableness of the amount of rent claimed or tendered pursuant to subdivision (a).

(Added by Stats. 1990, Ch. 890, Sec. 1.)

When the notice required by Section 1161 Civ. Proc. states that the lessor or the landlord may elect to declare the forfeiture of the lease or rental agreement, that declaration shall be nullified and the lease or rental agreement shall remain in effect if the lessee or tenant performs within three days after service of the notice or if the breach is waived by the lessor or the landlord after service of the notice.

(a) Except as provided in subdivision (b), in all leases of lands or tenements, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may, upon giving notice in writing to the tenant, in the manner prescribed by Section 1162 Civ. Proc. of the Code of Civil Procedure, change the terms of the lease to take effect, as to tenancies for less than one month, upon the expiration of a period at least as long as the term of the hiring itself, and, as to tenancies from month to month, to take effect at the expiration of not less than 30 days, but if that change takes effect within a rental term, the rent accruing from the first day of the term to the date of that change shall be computed at the rental rate which obtained immediately prior to that change; provided, however, that it shall be competent for the parties to provide by an agreement in writing that a notice changing the terms thereof may be given at any time not less than seven days before the expiration of a term, to be effective upon the expiration of the term.

The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, rents, and conditions specified in the notice, if the tenant>shall continue to hold the premises after the notice takes effect.

(b) (1) In all leases of a residential dwelling, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may increase the rent provided in the lease or rental agreement, upon giving written notice to the tenant, as follows, by either of the following procedures:

(A) By delivering a copy to the tenant personally.

(B) By serving a copy by mail under the procedures prescribed in Section 1013 Civ. Proc. of the Code of Civil Procedure.

(2) If the proposed rent increase for that tenant is 10 percent or less of the rental amount charged to that tenant at any time during the 12 months prior to the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months prior to the effective date of the increase, the notice shall be delivered at least 30 days prior to the effective date of the increase, and subject to Section 1013 Civ. Proc. of the Code of Civil Procedure if served by mail.

(3) For an increase in rent greater than the amount described in paragraph (2), the minimum notice period required pursuant to that paragraph shall be increased by an additional 30 days, and subject to Section 10 13 Civ. Proc. of the Code of Civil Procedure if served by mail.

(c) If a state or federal statute, state or federal regulation, recorded regulatory agreement, or contract provides for a longer period of notice regarding a (d) This section shall be operative only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, which is enacted on or before January 1, 2006, deletes or extends that date.

Notice of Breach of Written Lease for Violating Specific Provisions of Lease with Right to Cure for Residential Property from Landlord to Tenant

1161 Civ. Proc.

As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 Civ. of the Civil Code.

(Amended by Stats. 1996, Ch. 658, Sec. 2. Effective January 1)

1161.1 Civ. Proc.

With respect to application of Section 1161 in cases of possession of commercial real property after default in the payment of rent:

(Added by Stats. 1990, Ch. 890, Sec. 1.)

(A) By delivering a copy to the tenant personally.

(B) By serving a copy by mail under the procedures prescribed in Section 1013 Civ. Proc. of the Code of Civil Procedure.

San Jose California Notice of Breach of Written Lease for Violating Specific Provisions of Lease with Right to Cure for Residential Property from Landlord to Tenant

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How to fill out California Notice Of Breach Of Written Lease For Violating Specific Provisions Of Lease With Right To Cure For Residential Property From Landlord To Tenant?

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FAQ

Where do I report a landlord violation in California?

What happens if you violate lease agreement?

How can you break a lease in NC?

How can I break my lease in Indiana?

What does a lease violation mean in Texas?

What happens if a landlord breaches the tenancy agreement?

Can a landlord break a lease in Virginia?

What are the 5 most common lease violations?

Can a landlord break a lease in Nevada?

Interesting Questions

What is a Notice of Breach of Written Lease?

What does it mean to violate specific provisions of a lease?

What is a Right to Cure in a Notice of Breach of Written Lease?

Why would a landlord send a Notice of Breach of Written Lease?

What happens if a tenant receives a Notice of Breach of Written Lease?

How much time does a tenant typically have to cure the violations?

Trusted and secure by over 3 million people of the world’s leading companies

San Jose California Notice of Breach of Written Lease for Violating Specific Provisions of Lease with Right to Cure for Residential Property from Landlord to Tenant

Description

Related forms

Related legal definitions

Viewed forms

How to fill out California Notice Of Breach Of Written Lease For Violating Specific Provisions Of Lease With Right To Cure For Residential Property From Landlord To Tenant?

Form popularity

FAQ

Where do I report a landlord violation in California?

What happens if you violate lease agreement?

How can you break a lease in NC?

How can I break my lease in Indiana?

What does a lease violation mean in Texas?

What happens if a landlord breaches the tenancy agreement?

Can a landlord break a lease in Virginia?

What are the 5 most common lease violations?

Can a landlord break a lease in Nevada?