Is there any way to terminate a lease with tenant when they don't want to?

[quincy]

I just want to say thank you to you all for the help. I’ve discussed this with both parties and the situation has been resolved.

That’s good to hear. Thanks for the update, Nipin.

I hope the landlord business goes smoothly for you from now on.

 

[Zigner]

So, on my move-in date of July 1, when I show up with my family and a truckload of my possessions and hand you a month's rent you would hand me notice that my tenancy is terminated July 31?

I would sue your ass in a heartbeat.

On what grounds?

 

[quincy]

On what grounds?

Perhaps on the grounds that anyone can sue anyone else for any reason at all, even when a suit has no merit?

 

[Zigner]

Perhaps on the grounds that anyone can sue anyone else for any reason at all, even when a suit has no merit?

Ouch

 

[adjusterjack]

On what grounds?

Detrimental reliance.

You've heard of it?

 

[quincy]

Detrimental reliance.

You've heard of it?

Nope, on detrimental reliance. Not on a month-to-month lease.

The tenant can only rely on a 30 day tenancy and a landlord’s 30-day notice to quit. Occupancy is 30 days plus 30 days from the date of the notice to quit. The notice to quit can be served at any time, absent anything in the lease that says differently.

 

[adjusterjack]

You're entitled to your opinion.

 

[quincy]

You're entitled to your opinion.

Haha.

Opinions of the law are so much easier to support when the actual law agrees with the opinion.

 

[Zigner]

Detrimental reliance.

You've heard of it?

In a month-to-month agreement, all the renter can rely on, contractually speaking, is a month.

 

[quincy]

It is nice that Nipin discussed the situation with the old and new tenants and that all now has been resolved.

As a landlord, I can understand the attractiveness to some landlords of 30-day rental agreements. As a tenant, however, I would avoid signing such an agreement unless I only needed a temporary stop-gap housing arrangement.

Here is a link to the California Courts guide on the different types of notices:

https://selfhelp.courts.ca.gov/eviction-tenant/notice-types