Can a tenant be evicted even with an agreement to leave?

[Dave3298]

What is the name of your state? CA

My sister-in-law notified her long time (over 10 years) tenant to move out by email with a 30 days notice. The 30 days would end on Sept 23rd. My sister-in-law wants to have the rental place for her daughter and husband to move in to help them out. Tenant was surprised by the sudden 30 days notice and asked for more time since it is quite difficult to find an affordable place these days in CA.

Latest update was tenant said they found a place that will be vacant for them to move into around 1st week of November. This is another 30 to 45 days past the Sept 23rd deadline.

My sister-in-law insists the tenant move out at the end of the 30 days notice. She said she may take legal action to evict tenant if required.

My question here is can she do the eviction even with the tenant promised to leave 30 to 45 days later pass the 30 days notice? I believe even with the eviction process and court process will take up the 45 days processing time. This does not make sense to me to do the eviction, but would like to get some advice.

Thanks
D

 

[Just Blue]

What is the name of your state? CA

My sister-in-law notified her long time (over 10 years) tenant to move out by email with a 30 days notice. The 30 days would end on Sept 23rd. My sister-in-law wants to have the rental place for her daughter and husband to move in to help them out. Tenant was surprised by the sudden 30 days notice and asked for more time since it is quite difficult to find an affordable place these days in CA.

Latest update was tenant said they found a place that will be vacant for them to move into around 1st week of November. This is another 30 to 45 days past the Sept 23rd deadline.

My sister-in-law insists the tenant move out at the end of the 30 days notice. She said she may take legal action to evict tenant if required.

My question here is can she do the eviction even with the tenant promised to leave 30 to 45 days later pass the 30 days notice? I believe even with the eviction process and court process will take up the 45 days processing time. This does not make sense to me to do the eviction, but would like to get some advice.

Thanks
D

Is there a lease? If so is it yearly? Month to month?

Without a lease California law requires a 60 day notice of non renewal for tenants that have leased as long as these people have.

 

[bcr229]

Was there a written lease?

ETA: Just Blue and I were thinking the same thing. Also it looks like lease termination notices don't apply if emailed, they must be in writing and can be mailed or hand-delivered.

 

[adjusterjack]

The 30 day notice is kaput.

Sister will have to start over with a written 60 notice.

If served today, the deadline would be Nov 5.

She is allowed to give more than 60 days if she wants to make the deadline date Nov 7 (or whatever) to cover the first week of Nov.

If they aren't out by the deadline she will have to file for eviction through the courts.

 

[Dave3298]

Is there a lease? If so is it yearly? Month to month?

Without a lease California law requires a 60 day notice of non renewal for tenants that have leased as long as these people have.

Sister-in-law told me that there was a lease initially for a year and after the first year lease the terms switched to a month to month lease thereafter.

 

[Dave3298]

The 30 day notice is kaput.

Sister will have to start over with a written 60 notice.

If served today, the deadline would be Nov 5.

She is allowed to give more than 60 days if she wants to make the deadline date Nov 7 (or whatever) to cover the first week of Nov.

If they aren't out by the deadline she will have to file for eviction through the courts.

There is a lease agreement standing now for month to month.

So with a written notice hand delivered or by mail, does it still require the 60 days or 30 days is sufficient?

 

[bcr229]

Due to the length of occupancy it's 60 days.

Also tell your SIL not to play games with the tenant's moveout or security deposit, not accepting rent, trying to self-help evict before the deadline, etc. CA is not a landlord-friendly state and your SIL could end up owing money to her tenant if she doesn't handle things by the book.

 

[quincy]

Here is a link to California’s 2022 Guide to the rights and responsibilities of tenants and landlords:

https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf

Scroll to Page 83 for “When Can a Landlord Terminate a Tenancy.”

Scroll to Page 85 for “Written Notices of Termination.”

Scroll to Page 89 for “Proper Service of Termination Notices.”

Scroll to Page 91 for “Overview of the Eviction Process.”

Your notice should include the reason for the termination notice.

 

[not2cleverRed]

There is a lease agreement standing now for month to month.

So with a written notice hand delivered or by mail, does it still require the 60 days or 30 days is sufficient?

No. 30 days is insufficient. As you were told in posts 2, 3, and 4.

And again in post 7, with a link in post 8 to a CA state approved publication explaining the details in layman's terms.

What sort of "notice" is she giving, if not written?!

 

[Dave3298]

Due to the length of occupancy it's 60 days.

Also tell your SIL not to play games with the tenant's moveout or security deposit, not accepting rent, trying to self-help evict before the deadline, etc. CA is not a landlord-friendly state and your SIL could end up owing money to her tenant if she doesn't handle things by the book.

Got it. Thank you for your help.

 

[Dave3298]

Here is a link to California’s 2022 Guide to the rights and responsibilities of tenants and landlords:

https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf

Scroll to Page 83 for “When Can a Landlord Terminate a Tenancy.”

Scroll to Page 85 for “Written Notices of Termination.”

Scroll to Page 89 for “Proper Service of Termination Notices.”

Scroll to Page 91 for “Overview of the Eviction Process.”

Your notice should include the reason for the termination notice.

Thank you so much for sharing this information.

This really help explain things so sister-in-law can follow the rules and not violate the laws.

All the contributors here are so helpful I really appreciate you all and your dedication to help people.

 

[adjusterjack]

In case you are still here, Dave3298, here is the actual statute:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.1.

 

[Dave3298]

No. 30 days is insufficient. As you were told in posts 2, 3, and 4.

And again in post 7, with a link in post 8 to a CA state approved publication explaining the details in layman's terms.

What sort of "notice" is she giving, if not written?!

She said it was a written email and text message.

 

[quincy]

Thank you so much for sharing this information.

This really help explain things so sister-in-law can follow the rules and not violate the laws.

All the contributors here are so helpful I really appreciate you all and your dedication to help people.

We all appreciate the thanks and nice words, Dave3298, so thank you.

 

[adjusterjack]

She said it was a written email and text message.

These days courts are accepting emails and text to some extent.

But since she has to do it over, she should do it in writing on paper as the primary method and deliver in accordance with:

Law section (ca.gov)