Legal Question in Real Estate Law in California

Re: Tenants does not want to move after 30 days notice

Sounds like the old tenant is getting some bad legal advice, if she's not making this up. Don't accept the rent from her, and let her know the 30-day notice was valid and she needs to be out.

If not, you may have to serve her with the 3-day notice to quit, and start the unlawful detainer proceedings.

Re: Tenants does not want to move after 30 days notice

You should not accept any money since that would void the 30 day notice. You should start the eviction if they do not move out. Please contact our office and we can tell you the process and cost.

Re: Tenants does not want to move after 30 days notice

If the 30 day notice was properly and timely served, it terminated the tenancy. Your acceptance of rent beyond the period of the termination will result in a waiver of the tenancy termination. If you want to evict, do not accept rent.

No. Your tenant is not entitled to stay until he finds another place. But, if he doesn't move you can only bring an unlawful retainer action and this will not result in obtaining occupancy quickly enough to be able to honor your commitment with a new tenant. Most rental agreements have a provision that hold the landlord harmless if the landlord fails or is otherwise unable to turn over the rented premises by the lease date. Check your lease.

In an eviction action you are entitled to the reasonable value of the property for the period it is occupied by the tenant beyond the lease termination date. If the unit was rented for a higher rent, this higher rent establishes the rental value for which you can sue.

You should use an attorney familiar with residential landlord tenant law and eviction procedures to deal with this tenant. He sounds like trouble to me.

If you think this firm can be of further assistance, feel free to contact us at the office.