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Updated over 2 years ago on . Most recent reply

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251
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Tricia O'Brien
  • Investor
  • Anchorage, AK
71
Votes |
251
Posts

Can Owner Sign 30 Day Notice to Vacate for PM ? - PM Unresponsive

Tricia O'Brien
  • Investor
  • Anchorage, AK
Posted

I am considering putting my occupied single family rental home in California on the market.  I have a sellers agent realtor that I have talked to (but I have not signed any agreement with yet ).  I agreed that he could drop by the property on Monday 7/25/22 to knock on the door and try to call the tenant on her cell phone and ask if she has any interest in buying it.  This is his standard procedure for dealing with occupied rental properties.  He wants to try to be the good guy , the nice guy, and try to get people pre-qualified to buy before just helping them get kicked out. 

My property manager, to whom I pay a monthly fee, has been pretty unresponsive to my calls and emails in the past 7 days. My plan is that, if the tenant is not interested in buying it or if she does not respond to the realtor's "meet and greet " attempt, I will probably want to give her a 30 day notice to vacate no later than 7/30/2022.  I'll decide by 7/28. 

However, I want to know -  can I do this 30 day notice directly myself since the property manager has been pretty unresponsive? I am worried if I leave it up to the PM, He will not get it done until after Aug 1, and at that point it will have to be a 60 day notice rather than 30 day notice because of the California law.

I've looked up this question in the California Landlord's book by NoLo press and it does not address this issue.

I was going to use the 30 day notice to vacate form from the NoLo press book, and where it says "Manager signature / Date"  I was going for sign my name  "Patricia O'Brien (owner) for Kyle  ******* (manager)". Then have it delivered by a process server.

I was going to use Kyle's name since he is the managing broker who signed my property management agreement . However, another realtor, Matt, signed the lease with the tenant. 

What are your thoughts? Suggestions?  Thanks in advance!  :) 

Most Popular Reply

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28,112
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,130
Votes |
28,112
Posts
Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Tricia O'Brien:

I am considering putting my occupied single family rental home in California on the market.  I have a sellers agent realtor that I have talked to (but I have not signed any agreement with yet ).  I agreed that he could drop by the property on Monday 7/25/22 to knock on the door and try to call the tenant on her cell phone and ask if she has any interest in buying it.  This is his standard procedure for dealing with occupied rental properties.  He wants to try to be the good guy , the nice guy, and try to get people pre-qualified to buy before just helping them get kicked out. 

My property manager, to whom I pay a monthly fee, has been pretty unresponsive to my calls and emails in the past 7 days. My plan is that, if the tenant is not interested in buying it or if she does not respond to the realtor's "meet and greet " attempt, I will probably want to give her a 30 day notice to vacate no later than 7/30/2022.  I'll decide by 7/28. 

However, I want to know -  can I do this 30 day notice directly myself since the property manager has been pretty unresponsive? I am worried if I leave it up to the PM, He will not get it done until after Aug 1, and at that point it will have to be a 60 day notice rather than 30 day notice because of the California law.

I've looked up this question in the California Landlord's book by NoLo press and it does not address this issue.

I was going to use the 30 day notice to vacate form from the NoLo press book, and where it says "Manager signature / Date"  I was going for sign my name  "Patricia O'Brien (owner) for Kyle  ******* (manager)". Then have it delivered by a process server.

I was going to use Kyle's name since he is the managing broker who signed my property management agreement . However, another realtor, Matt, signed the lease with the tenant. 

What are your thoughts? Suggestions?  Thanks in advance!  :) 


I would serve it myself, but I would simultaneously fire the Property Manager for failing to communicate in a timely manner. 

  • Nathan Gesner
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