Check out some similar questions!

lknuutti · Jul 23, 2008, 11:50 AM

Property in California. I have tenants I wish to remove from my property. They have resided there 2 1/2 years and are consistently late on rent payments. I have a rental agreement on a month to month basis. I plan to sell my property but need to do some "fixing up" and reviving of the landscape they have allowed to die. I read that the law states a 60 day notice is required for tenants residing over a year, however, I believe that since they are in violation of covenants of the rental agreement, I can give them a 30 day notice. They have never paid a security deposit (which was agreed upon originally, but I was requested to wait until they recd back one from previous place), they are almost always late on monthly rent, plus they have let the landscaping die and become unsightly. Am I able to serve them with a 30 day notice as they have not kept up with the terms of our rental agreement? P.S. They are currently late on this months rent by over a week and I am serving a 3 day notice to pay or quit along with either the 30 or 60 day depending on the rights I find out. Thanks.

rockinmommy · Jul 23, 2008, 02:26 PM

Well, in my experience, the problem you'll have using the "they haven't followed the lease" excuse is that you've let it go on that way for 2 1/2 years... why are you suddenly so worried about it now? Unless your lease, or CA law state that a shorter notice period is in effect when they're in violation, then you're still stuck with whatever your lease and/or the law states. There's a link to each state's laws in a "sticky" at the top of this forum.

If they're late on rent I'd proceed with the pay or quit. On the morning of the 4th day I'd be first in line at the court house to get the eviction proceedings under way.

Do you think they'll voluntarily move if you give them notice? Or are you going to wind up having troubles getting them to go?

lknuutti · Jul 23, 2008, 03:23 PM

Well,

I believe they will move out in the time frame requested (that time frame of course, is dependent on which notice actually is used), however, since receiving the rent is already like pulling teeth, I do not think I will receive the amount for the final 30 or 60 days (that is IF the 3 day falls through and they have a sudden whirl wind of the needed cash!). But I plan to put the home on the market and need to have them out as soon as possible. I will most likely go with the 60 day to be on the safe side. Have to decide by tonight.

ChihuahuaMomma · Jul 23, 2008, 03:28 PM

Why are THEY responsible for the grounds that you are managing/owning? Do you not have landscapers? I am no responsible for my yard? I'm renting an apartment, not rose bushes.

rockinmommy · Jul 23, 2008, 06:01 PM

Originally Posted by ChihuahuaMomma

Why are THEY responsible for the grounds that you are managing/owning? Do you not have landscapers? I am no responsible for my yard? I'm renting an apartment, not rose bushes.

Usually, if it's a single family dwelling, the tenant is responsible for the yard/landscaping/etc - at least everywhere I've ever owned property. Not that they have to landscape a whole new terrace complete with fountains and gnomes. ;) But at least mowing and keeping stuff alive.

rockinmommy · Jul 23, 2008, 06:03 PM

Originally Posted by lknuutti

Well,

I believe they will move out in the time frame requested (that time frame of course, is dependent on which notice actually is used), however, since receiving the rent is already like pulling teeth, I do not think I will receive the amount for the final 30 or 60 days (that is IF the 3 day falls through and they have a sudden whirl wind of the needed cash!). But I plan to put the home on the market and need to have them out as soon as possible. I will most likely go with the 60 day to be on the safe side. Have to decide by tonight.

Well, again, brush up on those laws. You may not have to take the rent if they attempt to pay it now. It varies from state to state. Especailly if you can prove that they've had a history of delinquency. Do you have any records?

lknuutti · Jul 23, 2008, 06:28 PM

Yes, I have numerous letters & certified correspondence, as well as several 3 day notices I have had to serve them with. I have decided to go with the 3-day & 60-day as either way chances are I will not get the $ for the current month or there after. At this point, it is just best to expect nothing and have given them the 60 days as required by the CA Civil Code 1946.1. I will just play it by ear. If they do not comply with the 3-day notice, I will, on the 4th day, be at the court house. Thanks, "rockinmommy." Oh, in response to "chihuahua momma's" comment, as rockinmommy stated, this is a single family home that had healthy grass and foliage upon tenants moving in and their signed rental agreement stipulated they would "maintain premises in a clean, orderly, and law-abiding manner and keep the yards free of weeds, debris and/or material that may become unsightly." They have not done this by killing off the healthy landscape.

ChihuahuaMomma · Jul 23, 2008, 10:59 PM

Ok, I was just assuming that this was an apartment complex, but as it's a single family home, it makes more sense. Thanks for clarifying this for me.