Legal Question in Real Estate Law in California

eviction of a disabled

i have been renting my house and was planing on giving it to my daughter when she would get married. she is now getting married and the tenant will not move out and thretened me to make me pay $5000 of moving cost because she is disabled.can she actually do that? what are my options?


Asked on 2/19/01, 10:01 pm

1 Answer from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: eviction of a disabled

After a preliminary review of the Civil Code, I did not find any provisions extending disabled persons any extraordinary rights in an unlawful detainer action. That is not to say, that a meritless civil suit in small claims court may be filed by the tenant. As a courtesy to her, you may grant her 60 days notice as opposed to the statutory 30 days notice. If she does not voluntarly move after the 60 days, then file an unlawful detainer action.

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Answered on 4/04/01, 10:21 am


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