Fontana, CA asked in Real Estate Law and Civil Litigation for California

Q: Can I sell a home with a renter who hasn’t paid lives in? We have no lease or formal contract. I can’t afford this.

I just purchased a new home and cannot afford two mortgage payments. I have nearly $300,000 in equity and wish to sell and retire. The tenant claims her lawyer states she can stay for 60 days. She also told me she will refuse to let anyone enter the proper who is interested in buying the home. Within the first week of this being on the market the realtor has booked 28 viewings. What can I do? We have no formal contract or lease agreement.

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You need to give 60 days notice in a notice to quit. You must also pay a 30 day rent "moving allowance" but if they on't pay rent, it would seem that the moving allowance is Zero.

1 user found this answer helpful

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