Quote from @David G.:
Quote from @Patricia Steiner:
Let's start with the "month-to-month lease in perpetuity." Here is the California Law: "Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year." (End)
What you will want to do is prepare a written notice to the tenant that the lease will be terminated on (give 60 days notice) and that she will need to depart the premises on or before that date. Since she is challenging, I would also note that she has been provided the 60-day notice to terminate under California State Law. Ask her to schedule a final walk of the unit on or before (the departure date) with you so that you can arrange for any return of security deposit provided the unit is in satisfactory condition and all contents/trash are removed from the premises. You do not need to give a reason nor get in a debate over it. Be sure to either post it on the door of her unit in a sealed envelope with her name and Confidential noted on the envelope face (after posting it, take a photo as your proof) AND/OR send it by certified mail or Overnight Delivery (which is preferable of the two).
And, you can't be a rookie and take over management of a property. This is nothing less than running a business so you have to know the laws inside and out. Get the letter out first (there are templetts available online for your state) and then start educationing yourself. Start with the California Court's Guide on Tenant-Landlord Laws: https://www.courts.ca.gov/docu...
Read this on California's Notice Requirements: https://www.nolo.com/legal-enc...
Property Management is a profession and business. You can't wing it. Here's your chance to rid yourself of a problem tenant and start your learning process. And, by the way, no mother...crazy is crazy enough without adding more.
Best...
Wow, thanks so much Patricia. Unfortunately, I am taking over for my father and he doesn't fully understand the law and has been winging it for most of this time. I will try my best to go about this the right way.
I'm just curious how often do people voluntarily move out with the 60-day notice. It almost seems too easy. Does that work? Especially if they probably don't have a place to go? I don't imagine she will leave voluntarily. So if they don't comply with the letter, what occurs next?
Patricia has given you great advice for how to handle this, so I won't be redundant. My two suggestions are the following:
1. Get up to date on the rental/tenant policies going on in LA and LA County (the moratorium is still in effect).
2. If this is not your expertise or your dad's expertise, please reach out to a Real Estate attorney. Because LA is such a tricky place to deal with tenant law, you need an expert to run through your options, draw up important paperwork you might need, and keep up to date on the laws of the area.
The investment in a lawyer could saves you thousands of dollars if this tenant becomes more of a hassle.
