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My mother-in-law owns a house in northern California that we

plan to put up for...
My mother-in-law owns a house in northern California that we plan to put up for sale. She is now living in Virginia near us due to health reasons. We just completed a major remodeling project at the main house that my mother in law had begun before moving to Virginia. The house has a guest cottage with a tenant that she has been renting to for a few years. There is no written lease that I can refer to. To the best of my knowledge, we have a good relationship with the tenant, but I need to properly notify the tenant to vacate the property. I am thinking that we need to give a 60 day notice, but maybe the law requires a different time period.I want to know what constitutes a "proper notice" to a tenant under California law and if there is any further local applicable law in Mendocino County where the property is located. Even though we get along well with the tenant, he may be upset that we are asking him to leave because the monthly rent is very reasonable for that area. Is this something we can do by email, or should we send a certified letter? My wife and I have a durable power-of -attorney on behalf of my mother in law that allows either of us to sign on her behalf. My wife has never met the tenant as I have been the one that has been traveling back and forth from Virginia. As a result, I have gotten to know the tenant personally and I think it will be better for me to be the communicator and/or signer of the notice. In addition to providing the proper notification to vacate the property, I also need to understand our rights about being able to show the whole property. The main house is unoccupied, but we will still need to be able to access to the guest house for showings. How would the showing process work...does a 24 hour notice suffice and can our realtor directly communicate with the guest cottage tenant?I look forward to your advice. Thank you
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Answered in 6 minutes by:
11/14/2017
Roy Hadavi
Category: CA Real Estate
Satisfied Customers: 983
Experience: Attorney at Law Offices of Rosenstein & Associates
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Hi. My name is ***** ***** I am a licensed California attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer:

Notice: Proper notice for a tenant in California is generally 60 days. However, you will want to make sure that there is not written lease. I understand that you do not have a copy, so you will probably want to ask the tenant (since you are on good terms), if they have a written lease. If they do, you should refer to it for the notice requirements. Otherwise, proper notice would give the tenant 60 days to move out and should be sent by certified mail, return receipt requested. You can also email the notice to the tenant and let them know a written notice is coming in the mail as well.

Showing the Property: Again, check if there is a written lease. Otherwise, 24 hours is proper notice to show the property. You can also let the tenant know that your realtor is authorized to come in and will be the one showing the property.

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Roy Hadavi
Category: CA Real Estate
Satisfied Customers: 983
Experience: Attorney at Law Offices of Rosenstein & Associates
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