can a tenant sue you for not providing extra time to move out!?

Question

Hi All,

I bought a duplex at the end of April which included tenants. The agreement was that the previous owner had to clear out both units. So both tenants were given proper notice one was given 60 days and the other was given 90 days. The first tenant ended up moving out after 30 days and second tenant should be moved out by the end of July. Rumor has it (because she hasnt talked to us about it) that she wants to take us to court because she says she needs more time to move out because shes hasnt gotten rid of all of her stuff (shes a hoarder) plus she cant find a place that will take her and her 3 dogs. Shes currently enrolled in the section 8 program and like I mentioned before she was given 90 day notice to remove all of her items and vacate the premises. She did mention to me that she had a contract and that the realtor who was in charge of the listing promised her that they would try to keep her there until the end of her contract, but we were not told that at the time of purchase. We were told both units would receive their proper notice to leave. We also talked to her section 8 worker and she didnt mention anything about a contract she actually said that if the person has been there more than one year (15 years in this case) then it becomes a month to month situation. Anyone out there that could give some advice or suggestions please. The property is located in California if that helps.

Kyle J. · Answer

@Andrew B. First, are you sure there is no lease? I only ask because you mentioned that she told you she "had a contract". While it's true that a one year lease CAN become a month-to-month agreement after it expires, it's also just as possible that it was renewed year after year and that there is a current lease in place. At the very least, it's something you should look into and confirm because if she has a valid lease in place you can't just give her notice to move. As the new owner you'd have to honor any existing leases.

Second, in the event there is no lease, you did the right thing by giving the tenant the 90 notice to vacate. However, if she can't/won't move out before the 90 days is up, she's not going to sue you. She has nothing to sue you for. What she will likely do instead is force you to sue her to remove her from the property. It's called an Unlawful Detainer action and you'll have to file one if she doesn't voluntarily move.

If you get to that point, I'd recommend hiring a local attorney (one local to the property) to handle the eviction (Unlawful Detainer) since you're out of state. But it'd be premature to start that process now because you gave her 90 days to vacate and that time apparently hasn't expired yet. You can't start the eviction process before she fails to move out in the allotted time you gave her. But once that time has come and gone, I'd recommend starting the process as soon as possible.

Good luck.

Alexander Felice · Answer

I don't know the law at all, but my guess would be theoretically she can sue you for any reason she wants. Whether or not she will win may also be irrelevant if her goal is simply to stall. Seems like a near-worse case scenario but something to consider.

Account Closed · Answer

The housing authority told you she's on month to month. The housing authority has a copy of her current rental contract and that's the only way rent is being paid. They are in the loop and they pay based on her current contract. So, there is no mystery contract that the housing authority doesn't know about. And they said she's on M2M, so good to go.

You gave her proper notice. Good to go there, too.

If she doesn't move out on the day she's supposed to, you start eviction.

Just make sure the housing authority knows that you are not allowing her to stay past her 90 day notice and will file eviction if she does. I'd do that in writing.

If she's not out on the day she's supposed to be out, then follow the eviction process.

This is the best CA landlord book out there. It was my bible:

http://www.nolo.com/products/the-california-landlo...

It even includes info on evictions in CA. Has all the forms and contracts you will ever need. I like their contracts better than the apartment association one, too. Easy to understand for tenants, too. The book is well written and easy to understand. Written by lawyers. The hard copy book has a CD in it, or you can download an e-copy.

Andrew B. · Answer

Account Closed

No we did not start a new lease with tenant at time of purchase. We are currently collecting HAP payments for the remaining months. I do have a copy of the 90 day notice that was given to her. She also mentioned on one of our conversations early on, that if she would of known that she was gonna be given the notice to vacate that she wouldnt of been so cooperative when showing the property. Im just afraid of how this might end.

Account Closed · Answer

@Andrew B.

If her lease is up and she don't have one with you and notice was given then the next step will be filing eviction. You should submit a copy of notice to housing authority for their records and start your eviction process (at least that is how the housing authority I worked for did their process). She has a voucher already and it may take up to 120 days for her to move.

Account Closed · Answer

@Andrew B.

Do you have copies of the notices?

Account Closed · Answer

@andrew

@Andrew B.

At the time of purchase did you start a new lease with tenant and who's collecting HAP payments( hopefully not the old landlord). Let section 8know you are the be landlord, if there is a lease between you and tenant then it is time to file eviction.

Rich N. · Answer

I would contact the section 8 folks first. Some of their contracts do go year to year. Most folks do not want to lose their sec8 voucher so as long as you give proper notice to them AND the sec8 folks that you are not renewing. it should still end then.

Also, as new owner, you can ask secd8 folks for a copy of the contract.

Andrew B. · Answer

Thanks everyone for your replies. Got a lot of good info. No lease renewal was given to us from previous landlord/owner. Only lease agreement was for the other unit and that was signed back in 2012. We are not planning on starting anything until the time comes and shes not out. After I talk to her I plan on contacting her section 8 worker too.

Matt Turbitt · Answer

you need to start talking to lawyers in CA. CA has the most anti-landlord/anti eviction laws in the US. If you currently own the property you need to start the eviction process now based on the assumption she is not going to move out at the end of july. If she fights it, it will take months out there.

can a tenant sue you for not providing extra time to move out!?

can a tenant sue you for not providing extra time to move out!?

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