Results 1 to 10 of 10
  1. #1
    Join Date
    Sep 2019
    Location
    california
    Posts
    4

    Default What to Do After a 30 Day Notice

    My question involves landlord-tenant law in the State of: California

    I am selling my home and the buyer need to rent it before the purchase was done, so i agreed. after all, it just 30 day right. well it didn't close and on the first of the next month. I gave them a 30 day notice to vacate and collected the rent. This gave them another 30 day to purchase the home. which still didn't get done.

    I have spoke to there lender and he has assured me that everything is in place to close this week, so i have typed up a 30 day time extension for one week. which states the home is to be vacated at the end of the week. My Realtor is sending a 3 day demand to cancel the deal on Wednesday so Friday its done and they have the weekend to move out.

    1 What do i do next if they don't move out?
    2 Does anything I've done matter or should it all be done through the courts?
    3 What can i do legally to save time and money?

    Thanks
    (i hope its concise)

  2. #2
    Join Date
    Sep 2010
    Posts
    19,263

    Default Re: What to Do After a 30 Day Notice

    First off, you were foolish. NEVER let the buyer move-in prior to closing. You're going to get burned on this one.

    I have no idea what you mean by "thirty day time extension for one week." But I'd certainly NOT issue anything of the sort.

    If they are not out by the end of the thirty days, you immediately serve a 3 day NOTICE TO VACATE. Then start the unlawful detainer suit. You can always call it off if by some magic they actually manage to close on the property.

    Note that this EVICTION is a seperate issue than whatever contract they may be breaching with regard to the purchase.

    Hopefully, you have an attorney involved, YOU NEED ONE.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,684

    Default Re: What to Do After a 30 Day Notice

    Quote Quoting flyingron
    View Post
    First off, you were foolish. NEVER let the buyer move-in prior to closing. You're going to get burned on this one.

    I have no idea what you mean by "thirty day time extension for one week." But I'd certainly NOT issue anything of the sort.

    If they are not out by the end of the thirty days, you immediately serve a 3 day NOTICE TO VACATE. Then start the unlawful detainer suit. You can always call it off if by some magic they actually manage to close on the property.

    Note that this EVICTION is a seperate issue than whatever contract they may be breaching with regard to the purchase.

    Hopefully, you have an attorney involved, YOU NEED ONE.
    While I agree with you, the OP did say that their lender confirmed that everything is on track to close this week. If the OP really wants to sell the house, it might behoove him/her to wait a few days before posting the 3 day notice.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,235

    Default Re: What to Do After a 30 Day Notice

    Quote Quoting davenjon
    View Post


    I have spoke to there lender and he has assured me that everything is in place to close this week,
    Then stop issuing notices and wait and see if it closes this week.

  5. #5
    Join Date
    Sep 2019
    Location
    california
    Posts
    4

    Default Re: What to Do After a 30 Day Notice

    Thanks for the info. I agree i should have never let this happen, i guess i just really wanted out of California.

    Quote Quoting llworking
    View Post
    While I agree with you, the OP did say that their lender confirmed that everything is on track to close this week. If the OP really wants to sell the house, it might behoove him/her to wait a few days before posting the 3 day notice.
    I guess thats what I should have done. I didn't want to rescind the 30 day notice, I just wanted to some how give them one more week before i proceed with there removal. it just sucks to be so close and then have to start over. thanks for your help

  6. #6
    Join Date
    Oct 2006
    Posts
    15,684

    Default Re: What to Do After a 30 Day Notice

    Quote Quoting davenjon
    View Post
    Thanks for the info. I agree i should have never let this happen, i guess i just really wanted out of California.



    I guess thats what I should have done. I didn't want to rescind the 30 day notice, I just wanted to some how give them one more week before i proceed with there removal. it just sucks to be so close and then have to start over. thanks for your help
    Next time that you ask for advice, you might want to wait until you get some advice before doing anything. Don't jump the gun. Waiting a week would not have cancelled out your thirty day notice.

  7. #7
    Join Date
    Sep 2019
    Location
    california
    Posts
    4

    Default Re: What to Do After a 30 Day Notice

    Got it. Thanks

    Ok, how do I proceed?

  8. #8
    Join Date
    Sep 2010
    Posts
    19,263

    Default Re: What to Do After a 30 Day Notice

    I told you how I would proceed. When the 30 days are up file the 3 day notice. Three days after that you can file the UD suit. It could take the better part of a month before the trial date is set. Hopefully, they'll either have moved on or closed by then.

    The problem is that if you accept more rent or do nothing, you risk having to start over with another 30 day notice.

  9. #9
    Join Date
    Mar 2013
    Posts
    17,235

    Default Re: What to Do After a 30 Day Notice

    Quote Quoting davenjon
    View Post
    i guess i just really wanted out of California.

    Can't blame you for that.

  10. #10
    Join Date
    Sep 2019
    Location
    california
    Posts
    4

    Default Re: What to Do After a 30 Day Notice

    Update: loan docs signed Wednesday and to close Monday. All done🤒

    1. Sponsored Links
       

Similar Threads

  1. Repair and Maintenance: Can You Deny Entry or Claim Improper Notice if There is a Typo on Written Notice
    By Aquarius9217 in forum Landlord-Tenant Law
    Replies: 6
    Last Post: 12-31-2018, 07:01 PM
  2. Replies: 1
    Last Post: 03-18-2018, 04:59 PM
  3. Eviction Process: What is the Effect of a Tenant's Giving Notice to Quit After Receiving a 3-Day Notice
    By MissMD in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 01-29-2018, 02:19 PM
  4. Eviction Notices: Does a 3 Day Notice to Pay or Quit Cancel a Prior Served 60 Day Notice of Termination
    By aronsmama in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-13-2012, 12:06 PM
  5. Giving Notice: Tenants Gave Written Notice of Renewal of Lease, Now Giving 30-Days Notice
    By livyatan in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-16-2010, 11:24 PM
 
 
Sponsored Links

Legal Help, Information and Resources