Poole

Mitchell v. Poole

Good Law
203 Cal. App. 3d 1·249 Cal. Rptr. 842
Court of Appeal of CaliforniaFebruary 25, 198817384California512 words

Opinion

Opinion

This cause having been submitted for decision, and fully considered, judgment is ordered as follows:

The judgment is reversed. Appellant to recover costs on appeal.

(1) (See fn. 1.), (2) Appellant contends the trial court erred in finding that respondent had provided appellant adequate notice to quit. [1] He argues that respondent was required to set forth the "good cause" for termination in the notice to quit. We agree.

Civil Code section 1946 provides that a tenancy may be terminated by the landlord if the landlord serves on the tenant a 30-day notice to quit. The notice need not specify the reasons for the termination except for the nonpayment of rent or the expiration of the lease term. Neither of these exceptions applies here. However, an exception to the general rule stated in section 1946 applies when the landlord receives funding from a governmental agency. (See Gallman v. Pierce (1986) 639 F. Supp. 472, 483 .) This court in " Appel v. Beyer [(1974) 39 Cal. App.3d Supp. 7 [ 114 Cal. Rptr. 336 ]] held that because tenants in a government sponsored subsidized housing project had a `status of entitlement,' a species of property protected by…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.