[CA] How do I evict tenants of my late father’s estate?
Hello! My father passed in October of 2023 and it stated in his Trust/Will to sell his properties. One property has tenants and we provided them with a notice that the property is for sale and will be shown on April 26, 2025. One tenant did not accept his letter and the Post Office returned it. I then had it posted to his gate at the residence (he locked all the gates so we couldn't get access to the property) and took a picture with the address in sight. Do I count the original date or the new date?
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Sure thing! Since the tenants have lived there for over 5 years and there's no lease, you must follow your state's "no-fault eviction" rules, which require a 60-day notice (Civil Code § 1946.1). The date of notice typically counts from when the tenant is deemed to have received it, meaning you've given it to them in person or you've posted it and sent a letter by mail to the property. To evict, you'd file an unlawful detainer if they don’t vacate by the notice deadline, but make sure all procedural steps are followed carefully or it could be thrown out. Does that help clarify things? I want to make sure I didn’t leave anything out.
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Hello! My father passed in October of 2023 and it stated in his Trust/Will to sell his properties. One property has tenants and we provided them with a notice that the property is for sale and will be shown on April 26, 2025. One tenant did not accept his letter and the Post Office returned it. I then had it posted to his gate at the residence (he locked all the gates so we couldn't get access to the property) and took a picture with the address in sight. Do I count the original date or the new date?
Lexi, Chatbot
I'm sorry to hear about your father's passing and the challenges you're facing with the property sale. Did you receive any communication from the tenant regarding their refusal to accept the notice?
Yes, they did not pick it up from the post office.
Lexi, Chatbot
Have you consulted the terms of the Trust/Will regarding the notification process for tenants?
No
Lexi, Chatbot
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your property sale.
Yes. How do I evict them and for what reason? I do not know the date they began occupying the property nor is there any copy of a lease agreement. Also, how much are relocation fees? They are not elderly nor in low-income housing.
Legal Eagle
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! Since there is no written lease, how long have the tenants been living there?
For approximately 5–7 years.
They won’t tell me.
Legal Eagle
Do you know if they have been paying rent regularly, and if so, how have those payments been made?
Yes, they have been paying rent via Zelle.
Legal Eagle
Understood! So you're just wondering what your rights are here, correct?
Yes, and I am wondering if I am taking the right steps to do a no-fault eviction since the property is for sale.
Legal Eagle
What state is this in again?
California
Legal Eagle
Sure thing! Since the tenants have lived there for over 5 years and there's no lease, you must follow your state's "no-fault eviction" rules, which require a 60-day notice (Civil Code § 1946.1). The date of notice typically counts from when the tenant is deemed to have received it, meaning you've given it to them in person or you've posted it and sent a letter by mail to the property. To evict, you'd file an unlawful detainer if they don’t vacate by the notice deadline, but make sure all procedural steps are followed carefully or it could be thrown out. Does that help clarify things? I want to make sure I didn’t leave anything out.
Ok, so I do understand, but when does the 60 days begin—when I give them the “Property will be shown and is for sale” notice, or when I give them a document that says “Termination of month-to-month”?
So sending it by certified mail is not enough? It also has to be posted, correct?
Legal Eagle
The 60 days begins when you serve a proper "Termination of Tenancy" notice, not when you inform them the property is for sale. Certified mail is fine, but you also need to post a copy of it to the door. To be safe, you should both post the notice on the property and mail it (ideally regular and certified), and then count from the later of the two service dates.
Ok, got it. So if I post it Monday, then they have until September 28th to move. Also, how much money would I owe them? Relocation?
Legal Eagle
Sure thing! If you post the notice on Monday and it's a 60-day notice, then yes, the tenants would have until September 28th to move out. Is this a single-family home?
It is two homes on one lot.
Legal Eagle
Ok, got it. Did you ever give them notice that you are exempt from the laws requiring relocation assistance?
No, I did not know that I was exempt from the laws requiring relocation assistance. How do I do that? Can I do it with the termination letter?
Legal Eagle
I hear you! You are exempt from offering relocation, but you need to give notice that you are exempt. So with the 60-day notice, you should send a notice stating you are exempt. The notice language must read:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
Does that help clarify things? I want to make sure I didn’t leave anything out.
Great, thank you!
Legal Eagle
For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help!
Does the notice need to be on a separate document?
Do they get one month of no rent?
Legal Eagle
- The notice should be on a separate document, sent at the same time.
- They do not get the one month of rent because you are exempt, but you must send notice to maintain that exemption.
Great, so I am sending the Notice to Terminate the month-to-month lease agreement. I am posting it to the home (taking a picture) and sending certified and regular mail. Along with that, I am sending the notice that I am exempt with the wording you provided. From the date I post the letter, the tenants have 60 days to vacate the property. If not, I will have to file an unlawful detainer in court. Did I get it right?
Legal Eagle
You got it right!
Yay, thank you!
Legal Eagle
For sure! I want to ensure you feel completely satisfied with our conversation. Were there any details I missed? Did you have any concerns about this issue that still need to be addressed? I'm happy to help.
You did a great job. Have a wonderful day.
Legal Eagle
Thank you so much for contacting us! We're happy to help whenever you need it.
Legal Eagle
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