Legal Question in Landlord & Tenant Law in California
My tenant gave me a 30-day notice that she wants to terminate her lease and vacate. She is leasing my pool house (her original lease expired a while ago and she was month-to-month). The pool house is not permitted as a "dwelling unit" and therefore was an illegal unit. After she had submitted her 30-day notice, she hired an attorney to demand relocation fees, and now refuses to vacate as originally specified in her 30-day notice. She has not paid any rent for any time period after her 30-day notice to terminate took effect. After she gave her 30-day notice, she notified the City of Los Angeles of the unpermitted unit, and now I have an order to comply from the Building Dept.
Issue: Is this holdover tenant entitled to relocation fees (after giving 30-day notice to terminate the lease) if I as landlord file an eviction against the tenant?
I know that under California law, if I want to terminate a lease and evict a tenant in order to comply with an order from the City, a tenant is entitled to relocation fees. HOWEVER, since my tenant had already given me her notice to terminate the lease, is she entitled in this situation to relocation fees? Can I still hold her to her original notice?
Thank you for your help!
1 Answer from Attorneys
Yes, since the unit was illegal, she is entitled to relocation fees. Her giving notice makes no difference. If all she is asking for is relocation money, give it to her, fast, and make sure she signs a release including a release of all other claims.
Since the unit is illegal, she could demand a refund of some or all the rent she paid while the unit was illegal.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
