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    danetteliz's Avatar
    danetteliz Posts: 1, Reputation: 1
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    #1

    May 20, 2010, 06:44 PM
    Following up on a 60 day notice to vacate in California
    I served my tenants a 60 day notice to vacate my property in California. IRS had placed a levy on my rental property two weeks prior to notice being served.. IRS has now removed levy. I wish to continue with original 60 day notice to vacate. There is no rental agreement, verbal only and tenants have lived at property for 2 years. I wish to retain my property for personal reasons. May I proceed with original notice and what happens if tenants refuse to vacate on 60th day and return keys? Can I have a sheriff remove them? Thank you? Initially, tenants had contacted the IRS agent who served levy at rental property, stating they had been given 60 day notice to vacate. IRS contacted me to say tenants may be able to take me to court. Now that levy is removed, the IRS agent states I can proceed with notice to vacate. Must I reserve notice or can I use original date now that levy is gone? I am the sole property owner. They are always late with rent, have made changes to my home without permission, deduct improvements they feel warranted without my approval. House is habitable and meets all codes. I rather not deal with hassle anymore. I want my property back. Do not wish to have home as rental anymore. Your prompt expertise would be most appreciated. Thank you danetteliz
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    May 21, 2010, 06:16 AM

    Hello d:

    I'd just assume the original 60 day notice is in effect, and act accordingly.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    May 21, 2010, 12:14 PM
    Quote Originally Posted by danetteliz View Post
    ... Initially, tenants had contacted the IRS agent who served levy at rental property, stating they had been given 60 day notice to vacate. IRS contacted me to say tenants may be able to take me to court. ...
    What did the IRS agent suggest they could take you to court for? I rather doubt it would be to get a stay of eviction on the basis of the levy, if that's what you're suggesting.
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