Cities Index.
3. Costa Mesa Notice of Termination of Tenancy

Costa Mesa City Council
November 7, 2023

Document
3. Costa Mesa Notice of Termination of Tenancy
Meeting
November 7, 2023
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Costa Mesa City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on costamesa.legistar1.com. That file is the official record.

NOTICE OF TERMINATION OF TENANCY (Intended to be Used for Periodic Tenancies)(Costa Mesa NTT Form)To:___________________________________________________________________________________________________(“Tenant”)and any other occupant(s) in possession of the premises located at: __________________________________________(Street Address)(Unit/Apartment #) _____________(City) _____________________ (State) ________ (Zip Code) _____________________ (“Premises”).YOUR TENANCY IN THE PREMISES IS TERMINATED AS STATED BELOW. (CHECK THE BOX THAT APPLIES.)APPLICABILITY OF THE TENANT PROTECTION ACT(TPA) OF 2019 & HOMELESS PREVENTION ACT(HPA) OF 2023:The Property or tenancy IS covered by the TPA/HPA. See paragraph 2.The Property and tenancy are NOT covered by the TPA. See paragraph 3.** NOTE: COMPLETE PARAGRAPH 2 OR 3. DO NOT COMPLETE BOTH. **NOTICE OF TERMINATION OF TENANCY (Intended to be Used for Periodic Tenancies)(Costa Mesa NTT Form)To:___________________________________________________________________________________________________(“Tenant”)and any other occupant(s) in possession of the premises located at: __________________________________________(Street Address)(Unit/Apartment #) _____________(City) _____________________ (State) ________ (Zip Code) _____________________ (“Premises”).YOUR TENANCY IN THE PREMISES IS TERMINATED AS STATED BELOW. (CHECK THE BOX THAT APPLIES.)APPLICABILITY OF THE TENANT PROTECTION ACT(TPA) OF 2019 & HOMELESS PREVENTION ACT(HPA) OF 2023:The Property or tenancy IS covered by the TPA/HPA. See paragraph 2.The Property and tenancy are NOT covered by the TPA. See paragraph 3.** NOTE: COMPLETE PARAGRAPH 2 OR 3. DO NOT COMPLETE BOTH. **PROPERTIES or TENANCIES COVERED BY THE TPA/HPA: Housing Provider is advised to seek counsel from a qualified attorney before issuing a notice to terminate tenancy.IF any box in 2A or 2B is CHECKED, paragraph 3 does NOT apply and only the NOTICE checked in paragraph 2A or 2B shall be in effect.Your tenancy, if any, in the Premises is terminated 60 days from service of this Notice, or on _____________ (whichever is later) for the following reason: Family Move-In. Owner, or owner’s spouse, domestic partner, parents, grandparents, children or grandchildren, intend to occupy the Premises. Tenant has previously agreed that owner may unilaterally terminate the tenancy for such a reason (C.A.R. Form RCJC dated ____________).Identify relationship of intended occupant: _____________________________________Name of intended occupant(s): ______________________________________________Intended move-in date (Compliant with CMMC):__________________________________ Owner intends to withdraw the Premises from the rental market. Owner intends to demolish or substantially remodel the Premises. A notice shall include the following:A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property; andA description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with the following:Attach a copy of the permit or permits required to undertake the substantial remodel or demolition; or Attach a copy of the contract for work not requiring permits; andA notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address. Owner intends to comply with (i) an order of a government agency or court regarding habitability of the Premises, or direction to vacate OR (ii) a local ordinance that mandates the Premises be vacated.RELOCATION FEES: Whether (1) – (4) applies, the owner shall, regardless of the tenant's income, at the owner's option, do one of the following:Assist the tenant to relocate by providing a direct payment of two times the Fair Market Rent; or Waive in writing the payment of rent for the final two month(s) of tenancy.The amount of relocation assistance or rent waiver shall be equal to two times the Fair Market Rental rate for a unit of similar size, or two months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy, whichever is greater, with any difference owing to the tenant.OR B. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice, or on ____________ (whichever is later). Only applies if (i) all tenants have occupied the Premises for less than 12 months OR (ii) at least one tenant has occupied the Premises for less than 12 months and no other tenant has occupied the property for 24 months or more. PROPERTIES or TENANCIES COVERED BY THE TPA/HPA: Housing Provider is advised to seek counsel from a qualified attorney before issuing a notice to terminate tenancy.IF any box in 2A or 2B is CHECKED, paragraph 3 does NOT apply and only the NOTICE checked in paragraph 2A or 2B shall be in effect.Your tenancy, if any, in the Premises is terminated 60 days from service of this Notice, or on _____________ (whichever is later) for the following reason: Family Move-In. Owner, or owner’s spouse, domestic partner, parents, grandparents, children or grandchildren, intend to occupy the Premises. Tenant has previously agreed that owner may unilaterally terminate the tenancy for such a reason (C.A.R. Form RCJC dated ____________).Identify relationship of intended occupant: _____________________________________Name of intended occupant(s): ______________________________________________Intended move-in date (Compliant with CMMC):__________________________________ Owner intends to withdraw the Premises from the rental market. Owner intends to demolish or substantially remodel the Premises. A notice shall include the following:A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property; andA description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with the following:Attach a copy of the permit or permits required to undertake the substantial remodel or demolition; or Attach a copy of the contract for work not requiring permits; andA notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address. Owner intends to comply with (i) an order of a government agency or court regarding habitability of the Premises, or direction to vacate OR (ii) a local ordinance that mandates the Premises be vacated.RELOCATION FEES: Whether (1) – (4) applies, the owner shall, regardless of the tenant's income, at the owner's option, do one of the following:Assist the tenant to relocate by providing a direct payment of two times the Fair Market Rent; or Waive in writing the payment of rent for the final two month(s) of tenancy.The amount of relocation assistance or rent waiver shall be equal to two times the Fair Market Rental rate for a unit of similar size, or two months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy, whichever is greater, with any difference owing to the tenant.OR B. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice, or on ____________ (whichever is later). Only applies if (i) all tenants have occupied the Premises for less than 12 months OR (ii) at least one tenant has occupied the Premises for less than 12 months and no other tenant has occupied the property for 24 months or more.

NOTICE OF TERMINATION OF TENANCY
(Intended to be Used for Periodic Tenancies)
(Costa Mesa NTT Form)
To:___________________________________________________________________________________________________(“Tenant”) and any other occupant(s) in possession of the premises located at: __________________________________________(Street Address) (Unit/Apartment #) _____________(City) _____________________ (State) ________ (Zip Code) _____________________ (“Premises”).

YOUR TENANCY IN THE PREMISES IS TERMINATED AS STATED BELOW. (CHECK THE BOX THAT APPLIES.) APPLICABILITY OF THE TENANT PROTECTION ACT(TPA) OF 2019 & HOMELESS PREVENTION ACT(HPA) OF 2023:

The Property or tenancy IS covered by the TPA/HPA. See paragraph 2.

The Property and tenancy are NOT covered by the TPA. See paragraph 3. ** NOTE: COMPLETE PARAGRAPH 2 OR 3. DO NOT COMPLETE BOTH. **

NOTICE OF TERMINATION OF TENANCY
(Intended to be Used for Periodic Tenancies)
(Costa Mesa NTT Form)
To:___________________________________________________________________________________________________(“Tenant”) and any other occupant(s) in possession of the premises located at: __________________________________________(Street Address) (Unit/Apartment #) _____________(City) _____________________ (State) ________ (Zip Code) _____________________ (“Premises”).

YOUR TENANCY IN THE PREMISES IS TERMINATED AS STATED BELOW. (CHECK THE BOX THAT APPLIES.) APPLICABILITY OF THE TENANT PROTECTION ACT(TPA) OF 2019 & HOMELESS PREVENTION ACT(HPA) OF 2023:

The Property or tenancy IS covered by the TPA/HPA. See paragraph 2.

The Property and tenancy are NOT covered by the TPA. See paragraph 3. ** NOTE: COMPLETE PARAGRAPH 2 OR 3. DO NOT COMPLETE BOTH. ** PROPERTIES or TENANCIES COVERED BY THE TPA/HPA: Housing Provider is advised to seek counsel from a qualified attorney before issuing a notice to terminate tenancy.

IF any box in 2A or 2B is CHECKED, paragraph 3 does NOT apply and only the NOTICE checked in paragraph 2A or 2B shall be in effect.

Your tenancy, if any, in the Premises is terminated 60 days from service of this Notice, or on _____________ (whichever is later) for the following reason:

Family Move-In. Owner, or owner’s spouse, domestic partner, parents, grandparents, children or grandchildren, intend to occupy the Premises. Tenant has previously agreed that owner may unilaterally terminate the tenancy for such a reason (C.A.R. Form RCJC dated ____________).

Identify relationship of intended occupant: _____________________________________ Name of intended occupant(s): ______________________________________________ Intended move-in date (Compliant with CMMC):__________________________________ Owner intends to withdraw the Premises from the rental market.

Owner intends to demolish or substantially remodel the Premises. A notice shall include the following:

A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property; and A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with the following:

Attach a copy of the permit or permits required to undertake the substantial remodel or demolition; or Attach a copy of the contract for work not requiring permits; and A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address.

Owner intends to comply with (i) an order of a government agency or court regarding habitability of the Premises, or direction to vacate OR (ii) a local ordinance that mandates the Premises be vacated.

RELOCATION FEES: Whether (1) – (4) applies, the owner shall, regardless of the tenant's income, at the owner's option, do one of the following:

Assist the tenant to relocate by providing a direct payment of two times the Fair Market Rent; or Waive in writing the payment of rent for the final two month(s) of tenancy.

The amount of relocation assistance or rent waiver shall be equal to two times the Fair Market Rental rate for a unit of similar size, or two months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy, whichever is greater, with any difference owing to the tenant.

OR B. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice, or on ____________ (whichever is later).

Only applies if (i) all tenants have occupied the Premises for less than 12 months OR (ii) at least one tenant has occupied the Premises for less than 12 months and no other tenant has occupied the property for 24 months or more.

PROPERTIES or TENANCIES COVERED BY THE TPA/HPA: Housing Provider is advised to seek counsel from a qualified attorney before issuing a notice to terminate tenancy.

IF any box in 2A or 2B is CHECKED, paragraph 3 does NOT apply and only the NOTICE checked in paragraph 2A or 2B shall be in effect.

Your tenancy, if any, in the Premises is terminated 60 days from service of this Notice, or on _____________ (whichever is later) for the following reason:

Family Move-In. Owner, or owner’s spouse, domestic partner, parents, grandparents, children or grandchildren, intend to occupy the Premises. Tenant has previously agreed that owner may unilaterally terminate the tenancy for such a reason (C.A.R. Form RCJC dated ____________).

Identify relationship of intended occupant: _____________________________________ Name of intended occupant(s): ______________________________________________ Intended move-in date (Compliant with CMMC):__________________________________ Owner intends to withdraw the Premises from the rental market.

Owner intends to demolish or substantially remodel the Premises. A notice shall include the following:

A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property; and A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with the following:

Attach a copy of the permit or permits required to undertake the substantial remodel or demolition; or Attach a copy of the contract for work not requiring permits; and A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address.

Owner intends to comply with (i) an order of a government agency or court regarding habitability of the Premises, or direction to vacate OR (ii) a local ordinance that mandates the Premises be vacated.

RELOCATION FEES: Whether (1) – (4) applies, the owner shall, regardless of the tenant's income, at the owner's option, do one of the following:

Assist the tenant to relocate by providing a direct payment of two times the Fair Market Rent; or Waive in writing the payment of rent for the final two month(s) of tenancy.

The amount of relocation assistance or rent waiver shall be equal to two times the Fair Market Rental rate for a unit of similar size, or two months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy, whichever is greater, with any difference owing to the tenant.

OR B. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice, or on ____________ (whichever is later).

Only applies if (i) all tenants have occupied the Premises for less than 12 months OR (ii) at least one tenant has occupied the Premises for less than 12 months and no other tenant has occupied the property for 24 months or more.

3. PROPERTIES or TENANCIES NOT SUBJECT BY THE TPA/HPA: Housing Provider is strongly advised to seek counsel from a qualified California real estate attorney who is familiar with TPA/HPA before selecting any of the option below: Your tenancy, if any, in the Premises is terminated 60 days from service of this Notice, or on ___________ (whichever is later).OR B. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice, or on ___________ (whichever is later). Only applies if at least one tenant or resident has resided in the Premises forless than one year.OR C. Your tenancy, if any, in the Premises is terminated 90 days from the service of this Notice, or on ____________ (whichever is later). Applies if Tenant is a beneficiary of, and the tenancy is subject to,a government agency rental housing assistant program.OR D. Your tenancy, if any, in the Premises is terminated 30 days from the service of this Notice, or on ___________ (whichever is later). Only applies if all of the following are met:Housing Provider has entered into a contract to sell the Premises to a natural person(s);AND Purchaser intends to reside in the Premises for at least one year following the termination of the tenancy in the Premises;AND Housing Provider has established an escrow with an escrow company licensed by the Department of Financial Protection and Innovation. Department of Insurance, or a licensed Real Estate Broker;AND Escrow was opened 120 or fewer days prior to the delivery of this Notice;AND Title to the Premises is separately alienable from any other dwelling unit (i.e., is a single-family unit or condominium);AND Tenant has not previously been given notice of termination of tenancy. 3. PROPERTIES or TENANCIES NOT SUBJECT BY THE TPA/HPA: Housing Provider is strongly advised to seek counsel from a qualified California real estate attorney who is familiar with TPA/HPA before selecting any of the option below: Your tenancy, if any, in the Premises is terminated 60 days from service of this Notice, or on ___________ (whichever is later).OR B. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice, or on ___________ (whichever is later). Only applies if at least one tenant or resident has resided in the Premises forless than one year.OR C. Your tenancy, if any, in the Premises is terminated 90 days from the service of this Notice, or on ____________ (whichever is later). Applies if Tenant is a beneficiary of, and the tenancy is subject to,a government agency rental housing assistant program.OR D. Your tenancy, if any, in the Premises is terminated 30 days from the service of this Notice, or on ___________ (whichever is later). Only applies if all of the following are met:Housing Provider has entered into a contract to sell the Premises to a natural person(s);AND Purchaser intends to reside in the Premises for at least one year following the termination of the tenancy in the Premises;AND Housing Provider has established an escrow with an escrow company licensed by the Department of Financial Protection and Innovation. Department of Insurance, or a licensed Real Estate Broker;AND Escrow was opened 120 or fewer days prior to the delivery of this Notice;AND Title to the Premises is separately alienable from any other dwelling unit (i.e., is a single-family unit or condominium);AND Tenant has not previously been given notice of termination of tenancy.

3. PROPERTIES or TENANCIES NOT SUBJECT BY THE TPA/HPA: Housing Provider is strongly advised to seek counsel from a qualified California real estate attorney who is familiar with TPA/HPA before selecting any of the option below:

Your tenancy, if any, in the Premises is terminated 60 days from service of this Notice, or on ___________ (whichever is later).

OR B. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice, or on ___________ (whichever is later). Only applies if at least one tenant or resident has resided in the Premises for less than one year.

OR C. Your tenancy, if any, in the Premises is terminated 90 days from the service of this Notice, or on ____________ (whichever is later). Applies if Tenant is a beneficiary of, and the tenancy is subject to, a government agency rental housing assistant program.

OR D. Your tenancy, if any, in the Premises is terminated 30 days from the service of this Notice, or on ___________ (whichever is later). Only applies if all of the following are met:

Housing Provider has entered into a contract to sell the Premises to a natural person(s); AND Purchaser intends to reside in the Premises for at least one year following the termination of the tenancy in the Premises; AND Housing Provider has established an escrow with an escrow company licensed by the Department of Financial Protection and Innovation. Department of Insurance, or a licensed Real Estate Broker; AND Escrow was opened 120 or fewer days prior to the delivery of this Notice; AND Title to the Premises is separately alienable from any other dwelling unit (i.e., is a single-family unit or condominium); AND Tenant has not previously been given notice of termination of tenancy.

3. PROPERTIES or TENANCIES NOT SUBJECT BY THE TPA/HPA: Housing Provider is strongly advised to seek counsel from a qualified California real estate attorney who is familiar with TPA/HPA before selecting any of the option below:

Your tenancy, if any, in the Premises is terminated 60 days from service of this Notice, or on ___________ (whichever is later).

OR B. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice, or on ___________ (whichever is later). Only applies if at least one tenant or resident has resided in the Premises for less than one year.

OR C. Your tenancy, if any, in the Premises is terminated 90 days from the service of this Notice, or on ____________ (whichever is later). Applies if Tenant is a beneficiary of, and the tenancy is subject to, a government agency rental housing assistant program.

OR D. Your tenancy, if any, in the Premises is terminated 30 days from the service of this Notice, or on ___________ (whichever is later). Only applies if all of the following are met:

Housing Provider has entered into a contract to sell the Premises to a natural person(s); AND Purchaser intends to reside in the Premises for at least one year following the termination of the tenancy in the Premises; AND Housing Provider has established an escrow with an escrow company licensed by the Department of Financial Protection and Innovation. Department of Insurance, or a licensed Real Estate Broker; AND Escrow was opened 120 or fewer days prior to the delivery of this Notice; AND Title to the Premises is separately alienable from any other dwelling unit (i.e., is a single-family unit or condominium); AND Tenant has not previously been given notice of termination of tenancy.

4. If you fail to give up possession by the specified date, a legal action will be filed seeking possession and damages that could result in judgment being awarded against you.

5. State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed.

Housing Provider (Owner or Agent) _____________________________________ Date: ___________________ Housing Provider (Owner or Agent) _____________________________________ Date: ___________________

6. DELIVERY OF NOTICE/PROOF OFSERVICE:

This Notice was served by: ______________________________, on _______________________(date) In the following manner: (if mailed, a copy was mailed at _________________________________(location) on ________________(enter date, if different from the date on first line of this paragraph)) Emailing a notice does not satisfy the requirements of Code of Civil Procedures §§1162(a) or 1162(b).

To comply with state law, service attempts must be done in the following order: A, then B, then C. As an alternative to that procedure, service may be done by completing D, but additional time should be provided to the notice.

A. Personal service. A copy of the Notice was personally delivered to the above named Tenant.

B. NOTE: SUBSTITUTED SERVICE MAY BE USED IF THE TENANT IS ABSENT FROM THE TENANT’S

RESIDENCE OR USUAL PLACE OF BUSINESS
Substituted service. A copy of the Notice was left with a person of suitable age and discretion at the Tenant’s residence or usual place of business and a copy was mailed to the Tenant at the Premises.

C. NOTE: POSTING AND MAILING OF THE NOTICE MAY BE USED ONLY IF THE TENANT’S RESIDENCE OR

USUAL PLACE OF BUSINESS CANNOT BE ASCERTAINED OR IF KNOWN THEN ONLY IF NO PERSON OF SUITABLE AGE AND DISCRETION CAN BE FOUND AT THOSE LOCATIONS.

Post and mail. A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was mailed to the Tenant at the Premises.

D. NOTE: IN THE ALTERNATIVE TO THE ABOVE OPTIONS FOR SERVING THIS NOTICE, A TENANT MAY BE SERVED BY CERTIFIED OR REGISTERED MAIL.

Certified/Registered mail. A copy of the Notice was mailed to the Tenant at the Premises by Certified or Registered mail. Before filing a legal action based on this notice, a tenant should be given five (5) additional days if served in California, ten (10) additional days if served in another state, twenty (20) additional days if served outside of the United States.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. _________________________________________________________________ ______________________ (Signature of person serving Notice) (Date) _________________________________________________________________ (Print Name)
Attachment 3

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