california lease landlord/tenant
I am landlord. two year lease with tenant. 10 months remaining on lease. property listed for sale. tenant requires 24 hour notice for showings. 3 previous buyers cancelled the contract after talking with tenant. we now have a 4th buyer. tenant demands to know who buyers are, and when escrow is due to close. tenant has withheld feb. months rent because I am not telling him the information he is demanding to know. I don't want this buyer to cancel like the others. Is tenant in breach of the lease agreement due to non payment of rent? Can I give him a 3 day pay or quit notice. Can I give him 30 day notice to vacate based on non-payment of rent. Is the lease now voided due to breach? Do I need to give him notice lease is void, and he is now on month to month. New buyer wants estoppel certificate, but tenant won't sign it showing rent paid thru january. Can I keep his security deposit for rent if he doesn't pay. If I can give him 30 day notice to vacate, and then property sells, does the new buyer have to start all over with eviction notices?
1 Answer from Attorneys
Give him a 3-day notice to pay rent or quit. If he doesn't pay, refuse all rents, do not take a penny, and file an Unlawful Detainer case. Once he doesn't pay in three days, you have the right to end the lease and evict him even if he later tenders the rent. He has shot himself in the foot. Take advantage of him and get rid of him. The answers to the rest of your questions are no. Just evict and be done with it.
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