Q: If we served in an eviction notice that wasn’t notorized and they left and now are trying to come back. Is that legal?
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A:
If you served an eviction notice that wasn’t notarized, it may still be considered legally valid in California, as notarization is not typically required for an eviction notice. The key is whether the notice met all other legal requirements, such as providing the correct number of days and specifying the reason for eviction. If the notice was proper and the tenant voluntarily left, their departure could be seen as acceptance of the eviction.
However, if the tenant is now trying to return, you should be cautious. You might need to take legal steps to prevent them from coming back, such as obtaining a restraining order or a legal declaration that they have surrendered the property. If they attempt to re-enter without permission, this could be considered trespassing.
It’s a good idea to consult local landlord-tenant laws and possibly seek legal advice to understand your options. Ensuring your actions are aligned with California’s eviction procedures can help protect your rights as a landlord and avoid potential legal issues.
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