Legal Question in Landlord & Tenant Law in California

I have given my tenant a 60 day notice to vacate. I posted the notice and mailed a copy. She called stating that she received it and that we can not evict her and she will not move. I understand that I will have to take her to court if she doesn't leave by the date on the notice but had a couple of questions. When should I contact a lawyer to start the process? If she sends me the rent after the notice expires what should I do with it? Also, since I prepared the notice online I didn't hand write my name and date was this wrong? Thanks,

Asked on 10/24/13, 2:10 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach
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It is not too late to at least speak to a knowledgeable attorney now, who has handled evictions.

If she sends you the rent after expiration of the time in the notice, then you need to return it. If you accept rent after termination of the 60 days, it may be construed as though you renewed the tenancy. I would have to see the notice to review it, and there may be other issues as well.

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10/24/13, 2:27 pm

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