Tenants scheduled to vacate, but their new home isn't ready

Legal Q&A: Tenants scheduled to vacate, but their new home isn’t ready

November 21, 2014

Question: We have served our tenant a 60-day notice of termination of tenancy; however, the renter has quit paying the rent. Now we are preparing to send a three-day notice to pay rent or quit. What is the next step if the tenant doesn’t pay?

Answer: If the tenant does not comply with the three-day notice by paying the rent, you can commence eviction procedures. If the rent owed is paid, the 60-day notice is still valid unless you asked for rent that goes beyond the 60-day notice period.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: Our tenants were supposed to move out in two weeks. However, the house they were moving into is not completed, and they need to stay another 15 days. I have no problem with this, but my question to you is what if they do not vacate on time?

Answer: You should have them sign an extension of their lease so if they fail to vacate you can proceed with an action for unlawful detainer.

Question: When you return a security deposit disposition to the vacating tenant, what is the statute of limitations if the renter does not agree with the deductions and wishes to sue in small claims court?

Answer: If your rental or lease agreement was in writing, the statute of limitations is four years. If the agreement was verbal, it is two years. The time starts to run from the date of the alleged breach.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

Recent Legal Q&A posts:

Tagged: Columns Compliance Legal Q&A

Join CAA

Joining CAA will help you comply with laws and regulations that you need to understand for the protection of your rental housing business.

Learn More

QUICK LINKS

Rental Assistance Program
CTRA - COVID-19 Tenant Relief Act
AB 1482 - State Rent Caps
COVID-19 - General Information
Newsroom
Contribute to the Rental Housing Survival Fund

Newest Posts

Bill would mandate lease-guarantor disclosure in five languages April 19, 2021
L.A. to hike inspection fees, but program reform possible April 19, 2021
CAA derails bills that would harm rental housing providers April 15, 2021

I just want to say Thank You Team at CAA. Being a Landlord in California is frightening enough -- but with you, not as scary! I just know someone on the team understands!
– Kristi B. — Lewiston, CA

I recently needed to take a few hours of classes to complete my Recertification as a CAA California Certified Residential Manager. I found it very convenient to do this through on demand classes at my office. The classes are well done and gave great education to further my property management skills. I even registered my maintenance team to listen to some of the classes. It benefitted us all. Thank you CAA!
– Beverly C. — Berkeley, CA

Kevin, I don't say this often, but from the second we began this relationship you have been nothing but a wealth of knowledge and a tremendous help. I cannot thank you enough for being so flexible with us. Thank you again!
– Jeff P. — Menlo Park, CA

Dear Ms. Moss, I want to personally thank you for your timely and very professional response. You are very thorough AND you provide examples and attachments how to find solutions and how to address the issues effectively. What you did would have taken me hours of research and still I wouldn't feel as confident in my ability because I am not up to date on how certain areas of a contract are practiced.

I was wary about joining CAA but after today I know I did the right thing and plan on continuing my membership for a long time.

Many thanks
– Ravi K. — Folsom, CA

We have been a CAA members since 1984. CAA has provided us the guidance needed to successfully manage our property. The rental forms keep us on solid legal ground which has minimized our management workload and helped us maintain quality housing for our clients. Your weekly e-news keeps us appraised of property management issues to be on the lookout for. Your work in the California State legislature in Sacramento has provided valuable representation for our industry. Keep up the excellent work!
– Forrest L. — Ridgecrest, CA

I would describe CAA as my "Best Friend" in this venture called LANDLORDING. So happy you are there!
– Marsha W. — Fresno, CA

I recently needed to take a few hours of classes to complete my Recertification as a CAA California Certified Residential Manager. I found it very convenient to do this through on demand classes at my office. The classes are well done and gave great education to further my property management skills. I even registered my maintenance team to listen to some of the classes. It benefited us all.
– Beverly C. — Berkeley, CA

We could not have accomplished the defeat of Measure C without CAA. We have been CAA members for over 30 years and membership fees have been returned to us “100 fold” with protection of our rental owner rights and the defeat of rent control in Santa Rosa. We at Pine Creek and Goodwin Property Management thank CAA for always supporting us.
– Patty G. — Santa Rosa, CA

Thank you. You guys conducted a great campaign with Measure C. We would have obviously lost without your management, coordination, and hard work. Sure glad you guys are here...
– Rich B. — San Rafael, CA

Andrea was very helpful and thorough. She provided different points and angles to my question for my consideration. In her questions she revealed that we need to revamp our internal paperwork and provided references from CAA's forms. I was very satisfied and felt confident in the decisions our company needs to make regarding the matter we sought with CAA. Thank you CAA. We appreciate your help.