Legal Question in Landlord & Tenant Law in California
I have a single fam Home rented to a married couple. They are over 65 and the husband had a stroke a few years ago. I want to sell my residence and move in to the rental house. They are month to month (lease expired a couple years ago)
What are my rights if they refuse to move?
I am afraid if I sell my residence and the don’t move I will be stuck without a home and have to rent somewhere.
2 Answers from Attorneys
If the couple have been there for over a year, they must be served a 60 day notice to vacate. At that point, if they refuse to leave you would have to file an Unlawful Detainer action to regain possession of the property.
Though the property (or you) is in Chatsworth, the LA Rent Stabilization Ordinance does not apply to one-family homes if there is no other rental unit on the property, and you may do an owner move-in eviction. Thus, as Mr. Stamas suggested above, a 60-day notice to vacate would be appropriate. Because eviction lawsuits are complicated -- but not impossible -- for individuals to do, it's best you have legal assistance. Do not accept rent after the 60 days expire. If they don't pay rent during the 60 days, you can serve a 3-day notice to pay rent or quit.
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