What happens after you give a tenant a 60-day notice?

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What happens after you give a tenant a 60-day notice?

Tenant is living in my home does not pay rent; there is no written agreement. I want the tenant to vacate and gave them a 60 day notice. now what?

Asked on March 30, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there was no written agreement, then the tenant was a "month-to-month" tenant and you actually only owed them 30 days notice. Since you provided 60 days notice--assuming you did so in writing, and can show delivery--you've provided more than enough notice and may now evict them. Best would be to hire a landlord-tenant attorney to do this for you; however, if you want to do it yourself, contact you local courts (either in person or online); they should be able to provide instructions and sample forms. Be careful to fill out everything and folllow all instructions; while eviction is not particularly difficult, failure to follow all the technicalities can result in you having to start over again. (That's why a lawyer's help is recommended.)


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