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Can I "quit" a tenant after the one year lease expires? The…

Can I "quit" a...

Can I "quit" a tenant after the one year lease expires?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, the lease doesn't expire until sept 30, 2018. I just want to know my options

Lawyer's Assistant: Where is the property located?

Pittsburg ca

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not really

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Answered in 5 minutes by:
3/15/2018
Bruce Schreiber
Category: Real Estate Law
Satisfied Customers: 306
Experience: Attorney At Law at SELF
Verified

Welcome & thank you for your question. I am the professional that will be assisting you. At the conclusion of the tenancy the tenant retains no right to occupy the property. But if you accept any "rent" payment after expiration the tenancy becomes a month to month.

To protect your right to remove the tenant you need to send a notice prior to the end of the lease indicating that the lease will not be renewed. The lease probably contains the time frame within which that must be sent.

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Customer reply replied 1 month ago
sounds like a winner. Is there any reason why I can't send it 199 days in advance?

Probably not, but I suggest you check the terms of the agreement for any specific limitations. It is customarily send between 30 and 60 days prior to expiration.

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Pennsylvania Statutes Title 68 P.S. Real and Personal Property § 250.501.501. Notice to quit

(a) A landlord desirous of repossessing real property from a tenant except real property which is a mobile home space as defined in the act of November 24, 1976 (P.L. 1176, No. 261), 1 known as the “Mobile Home Park Rights Act,” may notify, in writing, the tenant to remove from the same at the expiration of the time specified in the notice under the following circumstances, namely, (1) Upon the termination of a term of the tenant, (2) or upon forfeiture of the lease for breach of its conditions, (3) or upon the failure of the tenant, upon demand, to satisfy any rent reserved and due.

(b) Except as provided for in subsection (c), in case of the expiration of a term or of a forfeiture for breach of the conditions of the lease where the lease is for any term of one year or less or for an indeterminate time, the notice shall specify that the tenant shall remove within fifteen days from the date of service thereof, and when the lease is for more than one year, then within thirty days from the date of service thereof.  In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall remove within ten days from the date of the service thereof.

So in PA it should be served 15 days before expiration of the term.

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Customer reply replied 1 month ago
Thank you. The property however, is in Pittsburg California not Pennsylvania
Customer reply replied 1 month ago
I checked and I typed Pittsburg CA
Customer reply replied 1 month ago
Hi are we still in a chat session?
Customer reply replied 1 month ago
Ok, thanks

ooops sorry. Hang on.

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Customer reply replied 1 month ago
ok thanks

In California, In California, the tenancy automatically terminates at the expiration of the lease. No notice is required unless the lease specifically requires it.

Some landlords will send a courtesy notice 60 days prior to the expiration of a lease to indicate the lease will not be renewed, or to offer tenants an opportunity to renew the lease and to notify tenants of any new lease terms such as a rent increase, but this type of notice is not a legal requirement.

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Customer reply replied 1 month ago
Yayyyyyyyy!!!!! Thanks. I can now give you an excellent rating!

I do recommend you give that optional notice. It sets out clearly your position and impresses upon the tenant their need to find alternative housing with plenty of time.

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If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

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Bruce Schreiber
Category: Real Estate Law
Satisfied Customers: 306
Experience: Attorney At Law at SELF
Verified
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Customer reply replied 1 month ago
Thank you so much! I had intended to serve them written notice. I just needed to make sure that I'm not violating any landlord/tenant laws or policies. You provided a satisfying answer to my query. I'll rate you well. Thanks again. bye bye
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Bruce Schreiber
Bruce Schreiber
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Category: Real Estate Law
Satisfied Customers: 306
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Experience: Attorney At Law at SELF

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