San Jose, CA asked in Landlord - Tenant for California

Q: How can we give a 60 day notice to vacate to our tenant, when she has been diagnosed with PTSD? And has a posted sign.

It's a single dwelling above a garage, single tenant that we've been having issues with since Nov 2023. She has been here since July 2021. We need the dwelling for our daughter and two grandchildren. Our daughter was laid off and the grandchildren want to continue school here, where we can better assist them.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: To give a 60-day notice to vacate to your tenant with PTSD, you need to follow California law carefully. Since she has been renting the unit since July 2021, she qualifies as a long-term tenant, and thus a 60-day notice is appropriate.

First, ensure the notice is in writing, dated, and includes the address of the property. Clearly state the reason for the notice, which in this case is that you need the dwelling for your family. Specify the date by which the tenant must vacate, which should be 60 days from the date the notice is served.

Serve the notice in person or post it on the door and mail a copy. Keep a record of how and when the notice was delivered. While her PTSD diagnosis is important, it does not exempt her from eviction if you follow proper legal procedures. It's also considerate to communicate openly and offer any assistance that might ease her transition during this period.

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