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60 day notice - Landlord Forum thread 349389

60 day notice by Edith (California) on November 23, 2016 @16:36

                              
I'm asking a long term family friend to move out I don't think that she will take it very well as she's very comfortable in my rental however we need to move in as my family is growing we have a month to month verbal agreement she pays her rent on time is there anyway that she can fight me in court . also don't know how to ask her for the house back
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Re: 60 day notice by Fred on November 23, 2016 @18:53 [ Reply ]
I would call her and let her know that you will be sending out notice to end the rental relationships. And perhaps give her a bit more time over the 60 day notice time frame to move. Depending on how she takes the news.
If proper notice is given. A M2M usually is 30 day notice. But doing a 60 day gives her plenty of time to make other arrangements. I don't think she would have much of a legal defense as to why she should be able to stay.
Re: 60 day notice by Garry on November 23, 2016 @19:47 [ Reply ]
I'm with Fred 100% on what he said. Call her early next week, after the Thanksgiving holidays are over, and tell her why your growing family needs more space. Then send her a letter saying you need possession back by, say, Feb 10. That will give her 70+ days to find and move to a new place. You may even want to offer your services in helping her on moving day.
Re: 60 day notice by Anonymous on November 29, 2016 @01:23 [ Reply ]
Edith,

California law says that if your tenant has been there for less than 1 year, you must give at least 30 days notice. If she's been there for more than 1 year, you must give 60 days notice. Notice must be in writing, and you do not need to give her a reason to terminate.
You are perfectly within your rights to terminate a month-to-month tenancy, even when your tenant has been an angel.

On the http://www.dca.ca.gov website there is some good information about landlord/tenant law. Go there and search "landlord book".

Can she fight you in court? Sure, as anyone can sue anyone for anything these days. Will she win? No, not if you follow the landlord rules.

Know that if you give her a 60-day notice, she could decide she wants to go sooner, and give you a 30-day.

Do you need to take possession back by a certain date? Is that date soon or months from now? Are you relying on the rental income?

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