I bought a 5 units in the City of Glendale, CA and I have to occupy one of the unit, I have served 30 days notice to one of tenant who has month to month lease or no renewed contract.
the tenant refusing to move out what i have to do, specially i have gave notice to my landlord that i will move out end ot this month
Please advise me what to do?
Thanks
2007-11-29 10:19:56 · 5 answers · asked by A A 1 in Business & Finance ➔ Renting & Real Estate
Thirty days notice for a month-to-month tenancy. You CANNOT file eviction proceedings immediately because the tenant has done nothing to warrant eviction. You must provide written notice. Since the tenant stated an intention to holdover, you may wish to reserve your right to take legal action if they do. You may also wish to let your tenant's know that if they unlawfully remain in possession of the leasehold, you will hire an attorney and pursue additional rent, court costs, legal fees and the cost of your hotel stay. That should get the ball rolling. In the meantime, you can take their last month's rent. Just don't take any rent, afterwards, until you have a court approved settlement agreement.
It is better to leave your current apartment unless you can work out a week-to-week lease with your Landlord. If these tenants do not leave, you will be responsible to your present Landlord for any harm you caused to the Landlord and Tenants who wish to move in. You can recover those costs from the Tenants who will not leave, but it is a pain in the neck and less of a guarantee. However, a businessman like yourself will probably pay up.
2007-11-29 11:17:59 · answer #1 · answered by Legend 4 · 0⤊ 1⤋
You had better make sure that your notice is legal and valid.
If the tenant has been in residence for one year or more, 60 days notice is required to terminate a month to month tenancy.
If this is the case, your 30 day notice is null and void and you must now issue a 60 day notice.
If the tenant has been in residence for less than one year, your notice is valid. You will have to begin the eviction process as soon as the law allows.
If you have never dealt with an eviction before, hire a local attorney that specializes in evictions so that everything is done right the first time.
2007-11-30 00:18:21 · answer #2 · answered by ? 6 · 0⤊ 1⤋
File for eviction proceedings immediately. The longer you wait, the longer they will be able to remain in the unit. With luck, Glendale has a 'fast track' eviction process, and you may be able to have them out in time. Doubtless, they're stalling as much as possible due to the upcoming holidays.
And whatever you do, do NOT accept any rent from these people. Acceptance of rents will be implied consent to allow them to stay another month.
2007-11-29 10:52:04 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
I recently had to move because my building was sold. I thought renters that were caught up with rent had 3 months, but when i researched it, all I found was 30 days. But if they are caught up, and refuse to go, you will have to take it to court, and they will probably give them an extension of 30-90 days.
2007-11-29 10:36:34 · answer #4 · answered by primalclaws1974 6 · 0⤊ 0⤋
You must wait the 30 day period before filing eviction papers. Your 30 day notice must be in writing and sent by mail return receipt requested to prove delivery and acceptance.
2007-11-29 15:31:33 · answer #5 · answered by !!! 7 · 0⤊ 1⤋