2710 Sutter Ventures, LLC v. Millis
Facts: A residential landlord serves a tenant with a termination notice to regain possession due to no fault of the tenant. The termination notice does not include the advisory statement that the tenant has a right to a relocation payment regardless of age and an additional payment for a disability or the elderly. The tenant does not vacate the unit and the landlord files an unlawful detainer (UD) action to obtain possession.
Claim: The landlord claims the tenant has no right to occupy the property since the landlord terminated their tenancy by servicing the notice to terminate.
Counterclaim: The tenant claims the landlord cannot evict them since the termination notice needed to maintain a UD action is invalid due to the landlord’s failure to comply with the terms of the local ordinance by including the tenant’s right to payment regardless of age and for a disability or the elderly.
Holding: A California appeals court holds the notice to terminate served on the tenant is invalid and a UD action cannot be maintained to evict the tenant since the landlord violated the local ordinance by failing to inform the tenant about all their rights to relocation payments. [2710 Sutter Ventures, LLC v. Millis (2022) 82 CA5th 842]
Read 2710 Sutter Ventures, LLC v. Millis.
Related reading:
Property Management
Chapter 58: Residential rent control
