Hello everyone.
I could use some free advice right about now. Here it goes.
My step daughter has been renting a duplex for the past yr and her lease ended last night.
She just called me this morning to tell me that her landlord wants my step daughter to move out asap as the lease is up.
Well the landlord only gave her 24 hrs to move and said to be out or else.
My step daughter has no idea what came over her landlord and has been paying rent on time.
My questions.
My step daughter has no money whatsoever to move out as this so sudden.
Can landlord really get away with this and give only 24 hrs notice?
Or does the landlord only have one option which is to legally evict my step daughter?
If so, how long of a time does this evictions give the tenants to move?
She’s renting this duplex in San Diego, if that helps.
If the lease is up and she doesn’t leave willingly, legally he will have to evict to remove her.This can take from a few weeks to a few months depending on the local procedures. I do not believe there is a legal obligation for him to renew the lease. She had much longer than 24 hour notice as to the term of the lease. She received notice when she signed the lease as to the lease term. Not saying it isn’t unusual to not want to renew the lease to a paying tenant but the landlord may have legitimate reasons: she may be a bad tenant for any number of reasons other than rent payment (drugs, noise, filth, johns, illegal activity, constant complaints, bothering neighbors, breakage, visitors hogging other tenant’s parking, lack of maintanance of landscaping, etc, etc, etc) or he may have other plans for the property (sale, rehab, personal residence, move in relatives, commercial conversion, etc, etc, etc)
Have your step-daughter read her lease closely. Often the lease will indicate that once the initial term has ended then the lease converts to a month-to-month lease automatically requiring 30 day notice to vacate. Just a thought.
In some states, leases end at expiration and do not convert to a m2m unless both parties agree. If yours is one of those states, the LL can file for eviction without any further notice. If not, he must serve a proper notice to quit. In either case, your step-daughter must move. It’s only a question of how soon and whether or not the authorities are involved.