Legal Question in Landlord & Tenant Law in California

I am a landlord in California renting out a home. The lease/agreement is month-to-month. Am I able to evict the tenants upon 60 days notice to do repairs for the home?

Thank you.

Asked on 4/23/21, 9:32 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

You are currently under a public health eviction moratorium. You cannot evict for any reason other than the health and safety of the occupants, such that it makes the house unsafe to inhabit. Once the moratorium ends, you will be able to evict for "major renovations" that cannot be done with the tenants in the house. Mere "repairs" would not qualify. If the work does qualify, you would also have to pay the tenants one month's rent upon moving out.

I am assuming you did not include the statutory notice of exemption for a single family home in your lease, or gave separate notice between 1/12020 and 7/1/2020. If you did, then you can evict without cause once the moratorium ends, but still have to pay the one-month's rent.

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Answered on 4/23/21, 11:59 am

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