Tenant was confused about move out date

[terracotta123]

What is the name of your state (only U.S. law)? CA

I emailed tenant asking about move out date (their 3 month lease ends May 31st). They said they will move out June 10th.
I said please refer to your lease. This apt has already been rented out to another tenant starting June 1st. There is no way I can
keep this person till June 10th.

What can I do to ensure he is out before end of this month. They have my bank account number and they physically take a check to my bank and deposit it into my account. I am afraid that they may do the same for June rent and try to push this fixed term lease into a month to month (albeit without the LL consent). How can I avoid this?

 

[FarmerJ]

Was the current tenant the one to give you notice they were moving or were you the one who gave current tenant notice to vacate ? close your bank account then and open another ! the bank tellers should not attempt to deposit funds . I understand your dilemma about your new tenant but in all honesty you should not have signed a lease with them until the unit was vacant so now you should talk with the new one who was to move in on June 1 and let them know you may not be able to deliver the unit to them and would be happy to fully refund to them all they have paid you if they would like to act on another vacancy somewhere else. ( as to the one in it now if they do not get out your free to wait it out or start your states process to evict based on tenant failing to move (as long as you have proof of either your giving them a notice to move or them sending to you proper notice that they wanted to move) NO more emailing with them, if you must use non verbal communications then for remulaks sake use certified mail or confirmed mail delivery & keep copy of the letter to them with your receipt.

 

[terracotta123]

Was the current tenant the one to give you notice they were moving or were you the one who gave current tenant notice to vacate ? close your bank account then and open another ! the bank tellers should not attempt to deposit funds . I understand your dilemma about your new tenant but in all honesty you should not have signed a lease with them until the unit was vacant so now you should talk with the new one who was to move in on June 1 and let them know you may not be able to deliver the unit to them and would be happy to fully refund to them all they have paid you if they would like to act on another vacancy somewhere else. ( as to the one in it now if they do not get out your free to wait it out or start your states process to evict based on tenant failing to move (as long as you have proof of either your giving them a notice to move or them sending to you proper notice that they wanted to move) NO more emailing with them, if you must use non verbal communications then for remulaks sake use certified mail or confirmed mail delivery & keep copy of the letter to them with your receipt.

This is a fixed term lease so why do i need to give them a notice to move. The lease ends May 31st, period. Isn't is implied in CA. Can CA folks chime in?

 

[FarmerJ]

Even if it was a fixed term with no possible renewal if they overstay you are going to have to follow your states process to ask the courts to evict them the same way as any other tenant who overstays. There wont be any easy way to get them out other than paying them to leave , tenants can and often do overstay while waiting for another unit to be come available and there are plenty of landlords who face the choice of waiting or taking tenant to court where you will have to show the court that the tenant had known they were to leave. There are no real short cuts for you since you live in the tenant friendly state of California. ( next time around when you have a fixed term lease I suggest you have it worded crystal clear with it saying the tenant will vacate by X , but you know there still could be one who would overstay that , but then again they would look even less intelligent by claiming they didn't understand that )