I rented my current primary home and signed a new lease contract for 1 year because of work relocation.Moving day is next week, but I was told today that the current tenant didn't move out after the lease expiration date. They were supposed to be vacant as of 3/7/2021.
Here is the situation.
The Current tenant's contract is only under the husband's name and they are recently divorced. Husband left the property before 3/7, and the wife is still at the property. She told the owner agent that she won't pay the rent and stay as long as possible. I think she messes up because a contract is not under her name.
Here is my financial loss if I don't move-in because her.
1. I bought a used refrigerator and it's scheduled delivery next week. ($1975 non-refundable)
2. I will spend $160 per month because there is the same size unit in the complex which is $160 more expensive. (1 year $1920)
3. Internet 1 year contract termination penalty $120
Any advice on California law?
1. Can I move-in as on the contract and call the police for trespassing?
She doesn't have a lease contract, but I do have one.
2. Can I bring financial loss to a small claim lawsuit if I can't move-in because of her? What are the chances of winning to get $4,015+legal fee+filing fee?
I'm so stressed out because I already packed everything. Your advice will be greatly appreciated.
You can't move in to the house until she is out. That would require the Landlord to evict her first. That's not going to happen right now, particularly in California.
Contact your Landlord. Have them terminate your lease agreement in writing. Find a new place to live.