A tenant in a 10-unit apartment building covered by AB 1482 has repeatedly paid rent after the due date over the past several months, despite receiving written warnings from the landlord. The landlord now seeks to terminate the tenancy for at-fault just cause. Under California Civil Code §1946.2, what must the landlord do before filing an unlawful detainer action?
Correct Answer
B) Serve the tenant with a written notice to cure the lease violation and allow a reasonable opportunity to correct the behavior before proceeding
Under California Civil Code §1946.2(b)(1)(A), at-fault just cause evictions based on a curable lease violation—such as habitual late payment—require the landlord to first serve the tenant with a written notice to cure. The tenant must be given a reasonable opportunity to correct the breach before the landlord may proceed with an unlawful detainer action. Skipping this step renders the eviction procedurally defective.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.
Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.
An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.
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