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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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H I a update on this is my tenant is saying on advice from

Customer Question

H I a update on this is my tenant is saying on advice from their lawyer I should file evict notice for non payment, they will move them. I told them that is not true you have paid me well and on time. they are month to month lease. I have told them due to tax revalue just done I may have to sell . now with this problem I am listing house and sending 60 day notice , am moving in while house is on market , this is legal yes ?
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 7 months ago.
Dear Customer,Thank you for using the forum, my name is ***** ***** I look forward to assisting you today.In reviewing your question it appears that you have asked previous questions concerning your issue, and there may be some background information that you provided earlier that is missing. Unfortunately I was unable to find that information in the link.To better assist you, can you please let me know:-What state is the residence located in?-Are there any rent control restrictions on the unit? (for example, in CA most communities have no rent controls, but a few, such as SF, Oakland, and LA proper do).As a general matter, issuing a "notice to pay or quit" when the tenant is paid up is not a very good strategy, if you were to try to enforce this notice to quit, and had to go to court, the defendant would then show that they paid rent, and you would lose the unlawful detainer/forcible entry and detainer action and then the tenant would be protected from eviction for a period of 6 months (most states) under the theory of "retaliatory eviction" as long as they continued to pay rent and didn't damage the property.

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