60 day notice (incorrectly delivered?) and tenant won't move

60 day notice (incorrectly delivered?) and tenant won't move

Engineer · Genoa, NV · Member since 2016 · 88 posts · 59 votes

I'm getting ready to sell a rental house in Livermore, California and had the property manager issue a 60 day notice on May 31. The tenants have said that they can't find anywhere to move and aren't planning on being out. I think the real issue is that they were hoping to find a comparable property in the same town for the same rent amount and the house has been rented below the market rate for several years. 

I was getting ready to start the eviction process concurrently with offering a "cash for keys" deal. But, in going back and reviewing the details of the lease and what was done, I don't think the property manager issued the 60-day notice correctly. (I believe she called first and then posted it on the door, but did not follow through with a written notice in the mail as required by California.)

So, now I'm thinking that it will be a waste of time & money to hire an attorney to start the eviction process. Agreed? 

I can still go ahead and offer them $500 to get out by the end of the week as a motivator, but it would be nice to have a back-up plan. 

The property manager suggested a new lease for 30 days with a requirement that they are out on the last day. (The old lease converted to a month-to-month agreement.) But, CA law requires a 60-day notice if all of the tenants have been there for more than a year, which they have. So, I think I would have to give a new 60-day lease concurrent with a 60-day notice to vacate at the end of it. Does anyone know if this is correct? 

Any other suggestions? 

Any suggestions for an attorney in Alameda County (east bay area) that would be good to advise me on this?

BTW - I have several contractors scheduled to start renovation work in the next two weeks - which wasn't easy to get arranged. I am trying to take advantage of the hot market by selling this year, so I really don't want to just set back and wait this out.

Thanks, All! 

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Rental Property Investor · Whittier, CA · Member since 2014 · 325 posts · 268 votes
10y

If the 60 day notice wasn't served properly, you will need to serve it again if you are going to evict.  Serve it again properly, then offer them a compelling amount to be out in 5 days - I doubt $500 would be enough but you know your tenants better than I do.  Your argument will be "you will have to be out in 2 months like it or not, you get out now you get some extra cash in your pocket.  I can give this money to you or I give it to my lawyer, you get forcibly removed, and have an eviction on your record".

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  • Rental Property Investor · Whittier, CA · Member since 2014 · 325 posts · 268 votes
    10y

    If the 60 day notice wasn't served properly, you will need to serve it again if you are going to evict.  Serve it again properly, then offer them a compelling amount to be out in 5 days - I doubt $500 would be enough but you know your tenants better than I do.  Your argument will be "you will have to be out in 2 months like it or not, you get out now you get some extra cash in your pocket.  I can give this money to you or I give it to my lawyer, you get forcibly removed, and have an eviction on your record".

  • Michele FischerPro Member
    Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
    10y

    Leave the lease as month to month as is, why create a new one?

    Give the new proper 60 days notice, do everything by the book.

    Offer them $500 for their troubles if you can proceed with the work while they are living there, if the contractor can work around them.  If the bathroom or kitchen will be unusable for a few days put them up in the hotel of your choice.

    Offer them cash incentives for moving out sooner than the required 60 days.  Make it clear that after 60 days there is no leniency, eviction will start immediately.

    Put down a few scenarios on paper - what would it cost if you evict, if you wait to do the contract work, if you get the house back after 30 days.  I'm guessing you would happily pay a nice amount to the tenants (a few thousand total) to keep your project moving forward.  It's a business decision not an emotional one.

  • Real Estate Investor · Chicago, IL · Member since 2014 · 286 posts · 159 votes
    10y

    The less amount of information you give the tenant, the better. Don't tell them what you are doing, offer the cash that you decide or evict. Contractors aren't that hard to line up. Tell them asap about the tenants so they can get their time filled with another job so they will come back to yours once the tenant leaves. And fire the PM who doesn't know the law and helped put you in this mess.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    10y

    Bill the management company for losses , since they didnt do their job 

  • Real Estate Professional · Sacramento, CA · Member since 2016 · 9 posts · 2 votes
    10y

    I agree with Nancy as little information to the tenants as possible. You do need to reserve a 60-day notice the correct way. Make sure when it is mailed it is certified and they need to sign for it even if they choose not to pick it up from the post office it is still valid. If it is in your contract you need to remind them that day will be responsible for your lawyer fees. If they take your offer on the cash that would be great for you if not the 60-day notice should be given this Monday.

  • Engineer · Genoa, NV · Member since 2016 · 88 posts · 59 votes
    10y

    Thank you all for your valuable input. It turns out that the Prop Mgr did mail the notice on the same day she posted it, so I'm good there. I spoke to the tenant a little while ago and offered the $500 incentive. I also told her that I would be starting the eviction process on Monday.  She didn't really seem interested in the incentive. She's actively searching for somewhere to go and, I think, hoping like crazy that something works out. I'll let you know how it works out (fingers crossed)!

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y
    Originally posted by @Jacqueline Gardiner:

    Thank you all for your valuable input. It turns out that the Prop Mgr did mail the notice on the same day she posted it, so I'm good there. I spoke to the tenant a little while ago and offered the $500 incentive. I also told her that I would be starting the eviction process on Monday.  She didn't really seem interested in the incentive. She's actively searching for somewhere to go and, I think, hoping like crazy that something works out. I'll let you know how it works out (fingers crossed)!

     If the tenant acknowledged receiving notice to move, then that's all you need.  Notice is notice.  So, if there was any written response from the tenant, including texts, where she acknowledged having been given 60 days notice, you're good anyway.  Electronic communications are legal forms of writing now.

    And, I disagree that your tenant is actively searching for somewhere to go.  Not for two months.  No more Ms. Nice Guy :-)

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