Legal Question in Landlord & Tenant Law in California
I have a tenant who was on a one year lease. The lease was up in December 2010 and they are now month to month. The tenant is having problems with the neighbors and I want to rid myself of this problem and just sell the house. What can I do to get the tenant to move?
1 Answer from Attorneys
Unless you are in a rent-controlled jurisdiction with tenancy termination restrictions on your property, all you have to do is give them written notice 60-days before the date you want them out. If they don't comply, however, you will have to file an unlawful detainer action the same as if they were not paying rent. The one difference being they cannot avoid the eviction by tendering rent, although if you accepted further rent you would have to give a new notice and start over.
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