Legal Question in Real Estate Law in California

Re: Termination of Tenancy

You may serve a 3 day notice to cure for the balance of the rent. Then file an unlawful detainer action. Please call me directly at (619) 222-3504.

Re: Termination of Tenancy

If your tenants do not leave after 30 days, they would be considered "hold-over" tenants and you would need to commence eviction proceedings, known as an unlawful detainer action. However, there may be more issues involved if, for example, your property is subject to local rent control ordinances. If you would like to discuss this matter futher, please feel free to contact me at 310-385-8620.

Re: Termination of Tenancy

If you have no lease, your tenants are month-to-month tenants. You may give them a 30-day Notice to Quit for any reason or no reason, but the fact that you wish to sell your house is a legal reason. If the tenants don't move by the time the 30 days are up, you file a Complaint for Unlawful Detainer in Superior Court [Limited Jurisdiction] and proceed with the eviction. If you are unfamiliar with these procedures, you should consult with an attorney (some have flat rates for this).

Importantly, you should not accept any more rent for any days after the 30 days are up. If you do, you create a new agreement and have to start the whole process all over again. If the tenant gives you a check, do not cash it.

If your tenants are covered by rent control, you will need to follow the local laws regarding rent controlled tenants, which usually means a longer notice period and payment of moving expenses.

Re: Termination of Tenancy

I read Mr. Cooper's reply, which seems sensible and complete. I just wanted to suggest that you might find a real estate broker, who will be listing the property, would have practical insights into your situation.