Tenant wont sign lease renewal

[Shelley F.]

I just had a lease expire mid September. I had talked with the tenant about renewal and she indicated they would sign the new lease. Nothing in the lease was changed. I met with the tenants...and they refused to sign the lease! They were wanting to look around to move to a town with less snow as tenants husband is in a wheelchair. ( this is in the Sierras, snow level varies with the elevation) The day i met with them I was also waiting on a repair person who was going to line the chimney. That person never showed. (it was a rescheduled appointment). Tenant had a chimney fire last winter and I immediately sent out a chimney specialist to clean and inspect.

I also had my handyman there installing new windows on the kitchen. A week into the month, when the tenant had not paid her rent, I asked again about the lease renewal. (I should point out that we had been discussing it all summer and scheduling repairs, etc) She said " send it, we will sign"....and they didnt. When I inquired about it again, and the rent money, she said they will not sign, the place isnt habitable as it has no heat source! It has two...an oil monitor (with new filters) and the wood stove (common in the area) She refuses to use the wood stove and says she cant afford to buy oil.

I served a 30 day notice which was she claims is invalid as it wasnt signed by me...but for me. 

Today she tells me the place still isnt habitable as the refrigerator quit working. (This is the first I heard of this) and that there is mold in the bathroom and ants. I have a replacement fridge and a pest control person lined up. The bathroom has a new window and was repainted just last year.

Looking into eviction law here in California I see that I can go straight to filing and not bother with any other notices, since the tenancy expired with the expiration of the lease....anybody have experience with this ? (Im hoping that Sue K. chimes in)