Legal Question in Real Estate Law in California
We signed a lease contract of a house to move in on May 31st 2010 and paid the deposit. This was all done with the land owner, so we moved out from our old place on May 31st. But the people who were originally living in the house, that we were contracted to live from May 31st, did not move out even though their contract expired on May 22nd 2010. They did not make any effort to move out from the place on May 31st so we, my roommates and I who are college students, have been forced to spend our nights in our school library for the whole past week. Our belongings are still in a U-Haul truck that we rented on May 31st 2010 and it's already June 4th 2010. The land owner agreed to pay for the cost of U-Haul from the oiginal renter's deposite, but we would like to move in ASAP. The people, who's contract expired on May 22nd, still haven't moved a bit even though the land owner gave them an evacuation notice on June 1st 2010. Next week is our finals week and we would like to be able to move in this weekend or we will be looking for another place to live in. Is there any way to force these people out of the house? Or...if we decide to find another place to live in, what can we get compensated ?
1 Answer from Attorneys
You have a bad landlord. If the prior tenants' lease expired May 22, 2010, and he did not accept new rent or renew their lease, they became holdover tenants. When they refused to move out May 22, 2010, he should have given notice then, and already filed an unlawful detainer action. He is already in breach to you under your lease agreement to provide you a place to live. At this point, you don't have to continue to honor a contract that has been breached by the landlord. Find another place to live and find it fast. If he doesn't give any of your deposits back, sue him.
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