Legal Q&A:

Legal Q&A: Time’s up on notice to vacate, but tenant won’t move

April 2, 2018

Question: One of our month-to-month residents gave a 30-day notice to vacate the unit, and now it is the 30th day, and he refuses to move. What can I do now? Do I have to serve him with my 30-day notice?

Answer: If the tenant’s notice was in writing, the tenant is legally bound to vacate the unit within the 30-day time frame. Failure to do so allows you to immediately file an action for unlawful detainer (tenant eviction).

Question: One of our tenants was recently arrested and is incarcerated. How does this affect his lease? Is it considered abandonment?

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