Legal Question in Real Estate Law in California
Our renter has vacated the house without notice, and owes 2-1/2 months rent.
Her x-husband moved in with his brother in law or someone says the neighbor.
The PGE was taken out of her name in Nov and turned off in Dec.
There is no water either. Can we change the locks and remove debris?
3 Answers from Attorneys
There is a process you have to go through to get a tenancy deemed abandoned. It is somewhat like an eviction, except you don't have to go to court, but there are notices that have to be posted, etc. The Nolo Press book on landlord rights and responsibilities will walk you through it.
I agree with the previous answer. The applicable laws are Civil Code sections 1951.2 and, more particularly, 1951.3.
Yes, if the tenant has really moved out you might simply take possession and risk a later 'complaint' of the tenant. It is a judgment call on your part, based upon all the facts. Either way, take thorough pictures of the property and debris to prove your reasonable assumption of vacancy and damage.
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