Legal Question in Landlord & Tenant Law in California
Ending a rental agreement
Rental agreement with tenants states 45 days notice to be given. I want to put property up for sale immediately.
They are not getting in touch with my agent or me as requested so we can not get in to see the condo. The rent is always paid late or they bounce a check and I have to get cashiers check. They do not keep the balcony are clean as ordered by HOA. Is there a way of getting them out sooner so I can get the place ready for sale without going through a legal hassle or am I stuck with the 45 days. They want to buy it but can not qualify so I think they are stalling.
2 Answers from Attorneys
Re: Ending a rental agreement
Clarification. If your rental agreement requires you to give 45 days notice to the tenant, then that would override the usual 30-day notice requirement. But, you should give that notice immediately.
Re: Ending a rental agreement
Not much. If they are late for the rent first of next month, you could give them a 3-day notice to quit, and, if they don't pay, immediately file unlawful detainer. However, they will have 5 days to answer, then 20 days until the hearing, then at least 5 days to actually be removed. That adds up to 33 right there. Claiming violation of the lease and HOA don't help you with much more. At a minimum, give them a 30-day or more notice to vacate at the end of the lease. You need to let them know they will not be entitled to go month to month or have the lease renew. You might want to begin proceedings now anyway if you think they will hold over even if you tell them they must leave. At least that way, you start the process one month sooner. Tough call.
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