QUESTION
Can I force a tenant to move out?
Asked on Feb 29th, 2016 on Landlord and Tenant Law - California
More details to this question:
I bought a condo with the tenant still in it. The tenant agreed to move out March 31, escrow closed Friday so old owner was outside of 30 day notice to vacate. I reached out to the tenant with my contact info in case there are any issues. I'm going to send the 30 day notice to vacate today, however the tenants have already agreed to move out on the 31. I called the tenant on Friday and sent an email asking them to confirm receipt of my information. What happens inf the tenant doesn't respond to me and refuses to move out on the 31. I plan to live in the condo as my primary residence.
3 ANSWERS
I am confused as to when the 30 day period ends, but assume it is sometime after 3/31. I also assume the tenant is on a month to month lease. If the prior owner gave a 30 day notice that the lease will not be renewed, then as the new owner you covered by that notice. As the new owner, you assume the contractual obligation and benefits of the prior owner. It is best that you send a letter saying that the prior 30 day notice applies but that the tenant agreed to move out 3/31 and you appreciate that. If the tenant does not move out, you can then file for an unlawful detainer.
Answered on Mar 17th, 2016 at 4:38 AM
You inherit the terms of the seller. Assuming no fixed term the tenant is entitled to 30 days notice if they've been there less than a year, 60 days if more. At the end of that time, holdovers can be evicted.
Answered on Mar 17th, 2016 at 4:37 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You will need to serve a 30-Notice to Vacate and if the tenant does not move out within the 30 day period, you will need to file an unlawful detainer action against them and go through the courts to have them evicted.
Answered on Mar 17th, 2016 at 4:37 AM