Eviction notice in California : ezLandlordForms

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Frank R

started a topic over 11 years ago

I have tenant that has signed a 1 year lease. They gave us notice a few months ago that they will not renew their lease (they have been tenants for 4 years) at the end of the term because they want to purchase a home. They are currently looking for a home. If I find a new tenant before the lease expires, can I give my existing notice to vacate? If so, what amount of time do I need to give them? Or do I have to wait for the lease to expire?

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Bob R

said over 11 years ago

I’m going to assume that if they do not find a home, they will remain as tenants on a month-to-month. You need to wait until the Lease is up, unless you can work something out with them. Another option is give them a 60 Days Notice to Vacate vs allowing it to go into a monthly agreement if your contract state so. Be thankful that they gave you a heads-up about moving above the 30 Days Notice. I would sit down (if possible) and talk with them about their situation. In today’s market, it could take 30 Days (min) to 6 months to close. If they tell you asap when they plan on moving, you should have enough time to advertise and find a new tenant. Make this a win-win situation. They appear to be good tenants. BTW…how do you go about finding new tenants? -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance

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Bob R

said over 11 years ago

I’m going to assume that if they do not find a home, they will remain as tenants on a month-to-month. You need to wait until the Lease is up, unless you can work something out with them. Another option is give them a 60 Days Notice to Vacate vs allowing it to go into a monthly agreement if your contract state so. Be thankful that they gave you a heads-up about moving above the 30 Days Notice. I would sit down (if possible) and talk with them about their situation. In today’s market, it could take 30 Days (min) to 6 months to close. If they tell you asap when they plan on moving, you should have enough time to advertise and find a new tenant. Make this a win-win situation. They appear to be good tenants. BTW…how do you go about finding new tenants? -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance

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Frank R

said over 11 years ago

Thank you for the information! For clarification purposes, a 60 Day notice to vacate is an option prior to the lease expiring? Do I need to give them a reason?

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Bob R

said over 11 years ago

No and No. CA requires a 60 Days Notice if tenant rents 12 months or longer. Also, don’t forget to include the required Pre-inspection Notice. I would send them Certified/Return Receipt unless you can get tenant to acknowledge that they rec’d both Notices in writing -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance

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Sarah Z

said over 11 years ago

I have given my tenant a 60 day notice and I'm sure she won't move. However, I went into the apartment and it is so filthy you can't walk anywhere in it. (2 bedroom) she lives there alone. Also, she had a fire on the stove and severly burned the cabinet and melted the formica. She burned to one foot spots on the perfect wood like linoleum. She melted the living room carpet with another burn. Can I evict her now before the 30 day notice for destroying the unit? Also after the 60 days what is my next step?

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Sarah Z

said over 11 years ago

I'm sorry I meant can I evict her now before the 60 day notics for destroying the unit.

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Bob R

said over 11 years ago

@ Sarah: Remember to give her a WRITTEN Notice now telling her she’s entitled to a pre-inspection 2 weeks before move –out. This is to allow her time to make repairs. You can limit the amount of repairs she can do that requires professional or licensed individuals. If you don’t have this in your contract, consider such a statement in your next contract. It will help should you go to court. Since she’s a potential problem, consider handing her the Notice (vs mailing) and she if she will sign off to foregoing the pre-inspection. ….. It may be possible that you can claim the damage to be vandalism. If so, make a police report and get a report # (usually just a phone call) . This # will be required by the insurance co. Hopefully you insurance policy has a rent reimbursement clause to pay for rent loss while fixing the property……It’s not easy dealing with tenants from hell. You could give her a 3 Day Notice to correct violation and then start an Eviction Notice, assuming she will not correct violation. This takes time and $$$$. Another option is to offer her help with moving by offering say $200 (?) to move by (?). You will have to figure out the cost of an eviction and rent loss vs bribing her. Your last option is to wait out the 60 days to see if she moves and if not, start eviction on the 61st day. Keep us posted. It may help others. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.