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Notice Of Change In Terms Of Tenancy: What You Should Know
Note: The Notice of Change in Terms of Tenancy, also known as the notice of termination, is an order that the tenant and any tenants who occupy the property may only be notified by that written instrument before the commencement or termination of the tenancy, and in the case of a month-to-month tenancy, before the increase of rent. The tenant is responsible for paying the new rent when the notice is given. The Landlord has the right to charge for the extra rent. When a month-to-month tenancy ends or is terminated, the remaining tenants then become the Landlord's tenants. Notices cannot be sent with a lease. NOTE: Landlords and Tenants should be aware that the California courts have created numerous limitations on landlord use of notice. A landlord who has possession, even with notice, is not permitted to: 1. Change the locks without the consent of the tenant without giving an appropriate notice. 2. Force the tenant out without giving the consent of the tenant. 3. Change the conditions of the lease without the consent of the tenant. 4. Adopt a system of tenant screening. 5. Adopt a “no pet” clause in the lease. 6. Make any repairs for no reasonable cause. 7. Require that the tenant pay for a substantial replacement of a tenant's services. 8. Change the tenancy based on a tenant's failure to pay rent. 9. Adopt a system that requires the consent of the tenant to transfer the security deposit. 10. Require the tenant provide an affidavit of termination of tenancy. 11. Require more than six months notice if the lease is for one year or less. 12. Change the terms of the lease more than three times in any six months. 12. Change the rent for a monthly rental basis for a month-to-month tenant at a rent that is greater than 2 times or less than 5 times the amount of a month's rent. 13. Change the rent for a monthly rental basis based on the number of people living on the property for at least two days in any month. 14. Cancel the tenant's rights under the lease. 15. Use a security device or lease to increase the rent. 16. Change the tenant at the beginning to reduce the rent. 17.
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