Legal Question in Landlord & Tenant Law in California

Selling House. Tenants Won't Cooperate

Our tenants found out we're selling the house, and they have assured us the process will be a long, drawn out eviction process since they are not happy we're selling. The rent is month-to-month and they assure us they'll be as long as it takes. After eviction notices have been served, how long can they really draw it out? What would be the grounds for eviction since the rent is current? We received a bid on our home over the weekend and will have at least thru the escrow process to deal with this. Please help.


Asked on 7/14/03, 10:12 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Selling House. Tenants Won't Cooperate

If you are on a month to month basis with them, they are entitled to a 30-day notice of termination of tenancy if they have lived there for less than a year, and a 60 day notice if they have lived there more than one year.

You cannot start eviction proceedings until you have given them proper notice. Make sure it is done properly (there are rules). If they do not move out at the end of the tenancy, you can then an unlawful detainer (eviction).

There are some tricks that can be played (such as filing for BK) to delay things. The big question is, did you have a written rental agreement, and if so, did it allow for attorney fees for the prevailing party?

Good luck.

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Answered on 7/15/03, 3:10 pm


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