I am a homeowner, and I rent out part of my house (couple rooms in the back) to a married couple. They have been OK renters, no MAJOR problems (beyond the guy helping himself to my liquor). I am getting married and the roomies need to go. I gave them written notice that they needed to be out by July 31st on may 8th (so like 82 days notice). I have an original copy of the notice, signed by both of them acknowledging that they need to be out and that they recieved a copy of the notice. I am marginally concerned because they dont seem to be going to any effort to get themselves moved out or find a new place.
I am perfectly willing to store a few things for them for a few days if need be (I’m trying to be reasonable about this) but they need to be living elsewhere.
It is my understanding, since there is no “formal” lease that here in CA I only have to give 30 days notice to remove a tenant. Since I have given far more than that can I just call the police and have them removed if they are still here aug 1st?
Have I given sufficent “notice” and considering I have given them earlier notice than required does this grant me any better position legally if it comes to forcing them out?
Was me, I’d get an official opinion from a lawyer-type person, just to be covered from potential lawsuits generated when you think you’re within your rights to have them thrown out on August 1, and it turns out you were wrong.
Open communication could do you wonders… ask them their intentions.
The police won’t evict your tenants unless you have a judgement from a court. They’ll just tell you it is a civil matter and advise you to get an attorney.
One good piece of advice that was told to me is that if you end up with renters that refuse to leave- pay them. That’s right, offer them money to get out. Hopefully it won’t come to that.
But, I have a friend that has several rental houses, and sometimes he has to actually pay some of the deadbeats to leave. It is often much quicker, and sometimes even cheaper than to try legal action.
Also, maybe they are just procrastinators, and will wait till the last minute to look for a new place.
Coming from the perspective of someone who just moved, if the date is 5 weeks away, it’s still kind of early for them to be looking for a place anyway. Even though this is the first time I’ve moved in awhile, I noticed that the ads in the paper were looking for people in a 2 or 3 weeks later timeframe to move in when they were renting. I couldn’t get people to even talk to me if I approached them in say May about a lease for the middle of June.
IANAProperty Lawyer but common sense would seem to indicate –
They have plenty of time to move. What signs are you looking for? Surely you don’t think they’re going to leave earlier than they have to. Often, apartment buildings won’t even tell you what vacancies they have more than say a month or so in advance. If they’re not moving out until Aug. 1, they might not yet have a place to move to. Don’t freak out until and unless you have a reason to.
If you have real reasons to be concerned that they won’t be out in time, just ask them directly.