does tenant's 30 day notice void landlords 60 day?

does tenant's 30 day notice void landlords 60 day? by Joe (California) on November 17, 2010 @18:10

I have a California tenant who has lived in my condo for over a year and is renting month to month. He notified me by email on the first of November that he is giving me 30 days notice and that his last day will be the 30th of November. I responded to the email and acknowledged his 30 day notice to leave. On November 17th he now emailed me saying he will not be able to leave until the end of December. I have made many investments that hinge on his being out by the 30th of November. Because he has been there for over a year am I now required to give him a 60 day notice or does his 30 day notice nullify my 60 day requirement? When can I legally have him out?

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Re: does tenant's 30 day notice void landlords 60 day? by OK-LL on November 17, 2010 @18:28	[ Reply ]

CA has very specific and sometimes very different law from other states, so you should wait until one or more of the CA LLs responds. Meanwhile, in anywhere-else USA: The tenant provided you with a 30-day notice. Assuming this is sufficient notice from tenant under CA LL/T law (for the number of months he has leased the property), if he remains past the end of the notice period, you can evict for holdover.

Re: does tenant's 30 day notice void landlords 60 day? by Libby (Pa) on November 17, 2010 @18:52	[ Reply ]

You can evict him but it will take more than 30 days.

Re: does tenant's 30 day notice void landlords 60 day? by A.T.SF (CA) on November 17, 2010 @18:59	[ Reply ]

Once a tenant issues an Intent to Vacate he/she creates a covenant with the landlord. That covenant can not be changed without both parties consenting, in other words one cannot unilaterally change an agreement. Are you in a rent control county/city? If not, you can press the tenant to leave on the original date sighted.

Re: does tenant's 30 day notice void landlords 60 day? by Melanie (CA) on November 17, 2010 @19:18	[ Reply ]

A.T.SF has it correct. Thankfully you have his intentions in writing and can legally hold him to it. Remind him that becoming a "holdover" tenant is really not desireable, both financially and legally.

Re: does tenant's 30 day notice void landlords 60 day?

Re: does tenant's 30 day notice void landlords 60 by Jake on November 18, 2010 @11:32	[ Reply ]

"I have made many investments that hinge on his being out by the 30th of November." What kind of investments did you make?

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