60 day notice (incorrectly delivered?) and tenant won't move

[Jacqueline Gardiner]

I'm getting ready to sell a rental house in Livermore, California and had the property manager issue a 60 day notice on May 31. The tenants have said that they can't find anywhere to move and aren't planning on being out. I think the real issue is that they were hoping to find a comparable property in the same town for the same rent amount and the house has been rented below the market rate for several years. 

I was getting ready to start the eviction process concurrently with offering a "cash for keys" deal. But, in going back and reviewing the details of the lease and what was done, I don't think the property manager issued the 60-day notice correctly. (I believe she called first and then posted it on the door, but did not follow through with a written notice in the mail as required by California.)

So, now I'm thinking that it will be a waste of time & money to hire an attorney to start the eviction process. Agreed? 

I can still go ahead and offer them $500 to get out by the end of the week as a motivator, but it would be nice to have a back-up plan. 

The property manager suggested a new lease for 30 days with a requirement that they are out on the last day. (The old lease converted to a month-to-month agreement.) But, CA law requires a 60-day notice if all of the tenants have been there for more than a year, which they have. So, I think I would have to give a new 60-day lease concurrent with a 60-day notice to vacate at the end of it. Does anyone know if this is correct? 

Any other suggestions? 

Any suggestions for an attorney in Alameda County (east bay area) that would be good to advise me on this?

BTW - I have several contractors scheduled to start renovation work in the next two weeks - which wasn't easy to get arranged. I am trying to take advantage of the hot market by selling this year, so I really don't want to just set back and wait this out.

Thanks, All! 

[Brendon Woirhaye]

If the 60 day notice wasn't served properly, you will need to serve it again if you are going to evict.  Serve it again properly, then offer them a compelling amount to be out in 5 days - I doubt $500 would be enough but you know your tenants better than I do.  Your argument will be "you will have to be out in 2 months like it or not, you get out now you get some extra cash in your pocket.  I can give this money to you or I give it to my lawyer, you get forcibly removed, and have an eviction on your record".