Q: I rent a room out to a tenant and I’ve recently diagnosed with cancer and have to sell my house, how do I go about this.
Ive let this tenant know that I’m selling my property, they refuse to leave and are giving me a hard time with taking pictures of the house and their room. Im trying to put this property on the Market but my tenant won’t let me. They’re on a monthly to monthly agreement and have the room in a mess like a hoarder.
A:
I'm sorry to hear about your cancer diagnosis and the challenges you're facing with your tenant. Here are the steps you should consider taking in this situation under California law:
1. Provide proper notice: Since your tenant is on a month-to-month agreement, you need to provide them with a 60-day written notice to vacate the property, as you are terminating the tenancy due to the sale of the property.
2. Offer a reasonable accommodation: Try to work with your tenant to find a mutually agreeable time for taking pictures of the property, including their room. You may offer to have the room cleaned or provide temporary storage for their belongings during the photography session.
3. Selling the property with the tenant: If the tenant refuses to leave, you can still sell the property with the tenant in place. The new owner will then become the landlord and can decide how to proceed with the tenancy.
4. Seek legal assistance: If the tenant continues to be uncooperative and hinders the sale process, consider consulting with a landlord-tenant attorney who can help you navigate the legal options available to you, such as an eviction process.
5. Eviction process: In California, you cannot evict a tenant without a court order. If the tenant refuses to leave after the 60-day notice period, you may need to file an unlawful detainer lawsuit to begin the eviction process. Keep in mind that this process can be time-consuming and costly.
Remember to document all your communications with the tenant and keep detailed records of their uncooperative behavior. Always follow the proper legal procedures and avoid taking any self-help measures, such as changing locks or shutting off utilities, as these actions are illegal in California.
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