Q: What do I do if my rental is uninhabitable but my tenants wouldn't move out?
I consider it uningabitable as the floors was seriously damaged due to a plumbing issue. The tenant stopped making payments and I am not demanding it. But I need them to move out to have the place repaired as quickly as possible to prevent further damage. What should I do?
A: To terminate any tenancy, you have to give notice. If the tenant has been there over a year, then give 60-day notice to quit, otherwise, give a 30-day notice to quit. Habitability is not a defense to a 30-day or 60-day notice, but it is a defense to a 3-day notice to pay or quit.
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