Legal Question in Real Estate Law in California
Lease expired-tenant died 8/02 but Mother stayed &..
Lease was until 11/02 but tenant died 8/02, Mother stayed on with a month to month-refuses to sign a rental agreement and refuses to let owner do repairs prior to sell of house. Tenant quoting civ code 1950.1954.5? Notice was given to do yard,fence which owner is paying for monthly.-24 hr notice prior to rains in CA., and messages left on answering machine 2 weeks prior. No communication, now only by email, letter.
Tenant has 50 boxes, furniture in dog run--fire hazard--refuses to move stuff. Need to give 30 day notice??? Is paying but several times was 5-9 days late.
Please help!
--name removed--
2 Answers from Attorneys
Re: Lease expired-tenant died 8/02 but Mother stayed &..
The answer depends partly on whether the house is in a rent-controlled city, like Los Angeles, and whether the rent control laws apply if it is. That said, you can serve her with a 3-day notice the next time she's late with the rent, or if she's violating terms of the lease or applicable laws.
You can also begin the process of giving her notice to vacate, but this is where rent control plays a part--if it applies, you have many more "hoops" to jump through and have to follow the right procedures.
Re: Lease expired-tenant died 8/02 but Mother stayed &..
You should consider hiring an eviction agency. A three day notice can be given when the tenant violates one or more terms of the agreement. An oral rental agreement would have a condition that the tenant comply with all laws and codes regarding safety condition.
If you wish to go ahead on your own check out the boks in the law library, and Nolo Press, if they have one.
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