Legal Question in Landlord & Tenant Law in California
Real Estate (tenant refuses to leave)
70 year old tenant gave written notice of intent to leave rental house on 1-15-08. New prospective tenant (young family with 2 month old baby) did not sign their apartment lease renewal, relying on pending vacant house to occupy. Now tenant refuses to leave for another 30 days claiming hardship in that her mother died and it's too difficult to leave. Prospective tenant is now paying $400 more per month on month to month basis. What recourse does landlord have against 70 year old tenant? Can prospective tenant (young family) recoup any monies they are out by relying on 70 year old's promise to leave? (extra rent, storage expense, legal counsel)
Landlord seems to have lost written promise to vacat on 1-15.
1 Answer from Attorneys
Re: Real Estate (tenant refuses to leave)
This is a new one to me, and I can only give you an educated guess. The age (70) doesn't matter. However, your primary duty is to your present tenant, and though it is unpleasant to the new "tenant".
Also, I doubt that any court would rule that the old tenant has any financial obligation for losses to the new tenant, and especially with the loss of the written promise.
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