Legal Question in Real Estate Law in California

Re: cant get key from tenant

My understanding of the law is that whether a tenant occupies the leased premises or not is meaningless (absent a provision in the lease requiring the tenant to be there, e.g. an agreement by the tenant to water the lawn - and even that, the tenant could farm out to a gardener).

The tenant is entitled to live there, or not, at his election, during the term of the lease. What he does or doesn't do with his time is no concern of the landlord.

The tenant is paying the rent, and you mention nothing else that constitutes a breach of the lease.

So, my conclusion is that you are going to have to wait until the lease expires to get a key. Otherwise, you could be a trespesser and possibly even a burglar.

Re: cant get key from tenant

If, on the other hand, the tenancy is month-to-month and your property is not covered by a rent stabilization ordinance, you can post and mail a 30- (or 60-)day notice to tenant, and then file an unlawful detainer lawsuit.

Why not contact the tenant and ascertain his/her intentions?!