View Full Version : Tenant who won't acknowledge lease will end
lisaanneross
Mar 2, 2011, 06:32 PM
I have a tenant in my investment property in Los Angeles, California. She signed a two year lease which will expire on April 1, 2011. On February 7, 2011 I emailed her informing her that I would not be renewing her lease. She did not respond to my email. I sent her a letter by USPS, still no response. I called her and left a message, no answer. Yesterday I sent a registered letter. What should I prepare to do if she is not out by April 1st and I cannot get in touch with her before then.
This situation is somewhat more complicated because I live in New York City.:eek:
ballengerb1
Mar 2, 2011, 06:59 PM
I'd start boning up on the eviction laws in CA. I believe you can send her a letter on right now telling her she must be out by April 1st. If she doesn't leave then evict her. Some others may jump in with additional timelines but I don't think you can do much more until she actually violates the lease. From here on out send all mail certified return receipt.
Fr_Chuck
Mar 2, 2011, 07:09 PM
Yes, First of course who is inspecting the property, to be sure they are still there, have they seriously damaged the property ?
But agree, you need to get ready to evict, if you are not up on it, I would use a local attorney to do the paper work.
But this depends on what other "issues" is there some claim they have
LisaB4657
Mar 2, 2011, 07:14 PM
You needed to give your tenant at least 60 days notice that her tenancy would not be renewed. When a tenant has lived there 2 years or more you have to give 60 days notice rather than 30 days.
Go to Landlord/Tenant Book Index - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/index.shtml) to read everything you'd want to know about being a landlord in California.
ballengerb1
Mar 2, 2011, 07:17 PM
Good point and she will likely deny getting the earlier letters, e-mail doesn't cut it. From Lisa has found its 60 days from yesterday, still want to be a LL?
LisaB4657
Mar 2, 2011, 07:23 PM
Next step... tomorrow you send her a letter by certified mail, return receipt requested. You also send a copy of the letter by regular mail. In the letter you inform her that her tenancy is not being removed and she must vacate no later than May 3, 2011. If she hasn't moved out by May 3, then on May 4 you file a lawsuit for eviction.
The reason that you're sending the notice by regular mail and certified mail is that if she refuses to sign for the certified mail and the regular mail does not get returned then a court will presume that she received the regular mailing.