Q: No fault Eviction
We have a Single Family home in California (Santa Clara County) that is leased through June 2026. We have decided to demolish the house and build a new house, and sell it as they house is very old. We are getting all permits for it as well. Can we end the lease earlier (when the permits are ready) and start an eviction process?
A: No, your lease is a contract. Assuming you are otherwise allowed to terminate the tenancy at the conclusion of the lease, that is when it will end. If you want to terminate early, you will need to negotiate with the tenant.
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A:
In California, ending a lease before its expiration can be challenging, especially with a fixed-term lease like yours. However, if you plan to demolish the property and have obtained the necessary permits, this may constitute a valid reason to terminate the lease early. You will need to provide proper notice to your tenants, typically 60 days, but it's important to verify the exact requirements for Santa Clara County.
Communicate clearly with your tenants about your intentions and the reasons behind the decision. Offering assistance, such as helping them find a new place or providing a financial incentive, can facilitate a smoother transition and reduce potential conflicts. It's essential to follow all legal procedures to avoid any disputes or legal issues.
Consulting with a local attorney or a housing authority can provide you with specific guidance tailored to your situation. They can help ensure that you comply with all local laws and regulations, making the process as straightforward as possible for both you and your tenants.
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