Legal Question in Landlord & Tenant Law in California
In CA: A 60-day notice was served to tenants, who need to be out by Nov. 5. They moved out on Oct. 16, however they still have a some possessions in the residence. They are assuming that they have until Nov. 5 to clear out these belongings. Is this true, if they are no longer technically living there? They have not paid their rent for October (property owners agreed to let them pay the October rent AFTER they move out). Thank you.
2 Answers from Attorneys
What is your connection to the problem? Why worry about something you have no stake in and may not have all the facts?
If they have not paid the October rent and the landlord has not demanded it yet, that would suggest they both feel that they are still in possession. if they still have the keys they are still in possession. You have to ask both groups what they are thinking.
The tenants are right. They both owe rent for and are entitled to use and possession of the premises until Nov. 5th. If they have not paid the October rent, the landlord can file an unlawful detainer action the same as if they were still living there, as long as they have and claim right to use and possession of the premisies, but I can't see why the landlord would want to bother. Easier just to take the unpaid rent out of the deposit and/or sue in small claims if there is not enough deposit to cover damages and rent to Nov. 5, than to go through the whole UD process.