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Updated over 8 years ago on . Most recent reply
![Ladan Ballai's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/557322/1621492532-avatar-ladan.jpg?twic=v1/output=image/cover=128x128&v=2)
Is it legal to serve a 60 Day Notice after the extension lease?
Tenants have currently been there for ~3 years, and I recently purchased the property, thus inheriting them as tenants. [House is in San Jose, CA]
Two months in, I gave them the option to sign a year long extension lease and brought their rent up to market (it's well below market for the area). I told them that they had a week to review the lease and to send it back to me. I've checked in with them throughout the week and they make no indication of wanting to sign the lease for the extension, and seem to be happy at the current month-to-month status.
On August 5th, their rent will increase to the market rent that I told them about (Yes, I gave them a 60 day notice of rent increase the same time as the extension lease).
My question is: Since the deadline has come and gone to sign the extension lease, could I now serve them a 60 Day Notice to Vacate? Would that be illegal in any way? I've combed through all the laws in CA and can't seem to find anything suggesting that this would be illegal. Any advice?
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![Kyle J.'s profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/107526/1621417363-avatar-sjpm.jpg?twic=v1/output=image/crop=241x241@39x0/cover=128x128&v=2)
If they've been there for 3 years and you've already brought the rent up to the market rate, I personally wouldn't kick them out. You'll have turnover costs and vacancy and presumably end up renting it for the same amount (since you said it's already been raised to the market rate). Not sure why you'd want to do that. But with that being said, if you do want to then you can. Since you haven't signed a new lease with them, they are still month-to-month tenants and you'd just have to give them a 60-day notice to terminate their tenancy.