Legal Question in Landlord & Tenant Law in California

The tenant and my sister are not getting along and want the tenant to vacate the home. There is no lease agreement except for a verbal agreement that the tenant pay $450/month. My niece email the tenant stating that the tenant must vacate the premise on Jan 15, 2011 which is more than 30 days notice. The tenant replies the email stating that she will vacate the premises as soon as possible. So are these emails sufficient in evicting a tenant or does my sister have to do something else? Thanks.


Asked on 12/18/10, 8:13 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Logically, an e-mail should be the same as something in writing, but all the code sections werre written using the term "wriltten". She probably has done enough but I would follow up with a letter [copy e-mailed] stating that the end of 1/15/2011 is the longest she can stay and all of her possessions and heself must be out by the end of the day and the keys eturned to your sister [I am assuming she was there less than one year]. Saying "as soon as I can" is not acceptable because that is not a specific date. Also tell her that if she leaves before 1/15 she must give 24 hours notice and since your sister has to then clean the place up and advertise it for rent, wilthout knowing for sure a specific date she can not do that and at least some of the days before 1/15 will be unproductive so rent will be charged to her. Be sure to give the 21 day wriltten statement of what security deposit amount retained and why.

Read more
Answered on 12/23/10, 9:12 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California