Evicting Tenets that have lived in the home for about 7 years.

[Estefania Concha]

Good afternoon! Looking for advice on a tenant who I sent an eviction notice 60days ago and today I was told he was not moving. He states he spoke to a lawyer and they told him he did not have to evict since the notice did not state a reason for the eviction. Tenant also stated he had mold in the closet which was due to a leak that was fixed back in may and this week we will be addressing the mold. He states I should have provided him with more time since he has lived in the home for 7 years and although he has looked for a home to rent he has not found anything currently. Property is in San Diego, CA. Looking for any advice or similar situations. Just some more back story tenant has made many changes to the property without prior approval and is currently on a month to month since no lease has been renewed for quite a few years. Reason for the eviction is 1. the house is not renting at current rents and 2. Bathroom needs re piping and complete remodel. Tenant has paid rent every month.

[Dan H.]

First I am assuming this is a single family until and not a multi family unit (duplex, triplex, etc).  The answer is very different for a multi family due to state wide rent control.

You have the notice duration correct when tenant is on a month to month lease and has lived in the unit over a year.  The fact he has been tenant 7 years, or even 50 years, does not require more than 2 months notice of termination. A lease termination of a month to month lease does not require a reason.  Because tenant has both of these items incorrect, I highly suspect 1) he did not talk to a lawyer 2) he did not even take 10 minutes to research the items.  

In California there is still a eviction moratorium.  Your tenant, by declaring a financial impact from Covid, can temporary prevent any lease termination.  This currently expires at the end of September so, assuming it does not get extended, it will not gain your tenant much additional time. 

If tenant has not moved out, you may have to start the eviction process (versus termination of lease process that your tenant is ignoring).  If the relationship is civil, I recommend you start by having a conversation that explains that you will be proceeding with an eviction (research the eviction process) and that an eviction will result in it being very difficult for the tenant to rent a nice home for years.  Indicate that you are going to start the eviction process, but if he is out in 10 days and the unit is in expected move out condition, you will provide a positive referral and the eviction will not be on his record.  If he does not voluntarily leave, you will have to evict him and it will take more than 10 days (probably much longer than 10 days. 

If the unit is a multiplex, you can terminate lease for a rehab that is extensive enough that the tenant cannot reasonably occupy the property.  If there is a hazard that requires abatement, that clearly would require tenant to vacate. 

Good luck