Re: Help please - selling house - Landlord Forum thread 359314

Re: Help please - selling house by Daniel (CA) on May 15, 2019 @16:29

which state?

You must start eviction proceedings or the situation can snowball.

you cannot charge 2X 3X because the only thing you can do is evict to get what you need: get her out.

In California, the judges could consider your permission to stay over the 4/30 date as a cancellation of the notice to move out.

Is there an LPA form that addresses the stay over?

In California , I would have the tenant signs a settlement stipulation that she is a holdover tenant past her tenancy expiration date of 4/30.
and that she agrees to prepay for the dates per month.

if you have nothing in writing with the tenant that you allowed her to stay past the 4/30, then I would go straight to eviction. for staying past her notice to vacate time period. the judge will be more sympathetic to the landlord if the tenant is violating their own notice to vacate instead of a landlord based notice to move out.

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Re: Help please - selling house by Dan on May 15, 2019 @16:41	[ Reply ]

Daniel - Thank you! I am also in CA. She gave a 30-day notice that she is moving out 4/30. When her other rental fell through, she called and asked if she can stay until 5/31. I agreed over the phone and amended her 30-day notice that her new move-out date is 5/31. I emailed a scanned copy to her. What do you mean by settlement stipulation?