My question involves landlord-tenant law in the State of: California
This is my old house that was underwater due housing crisis and I decided to rent it when I needed to move. Tenant is renting for 5+ years. No issues ever except this recent incident. The property had multiple roof leaks recently (one after other within 5-6 days due to heavy rains) and it took around 2 weeks to complete everything (roof, dry walls, painting and flooring in affected area) due to immediate contractor availability, ongoing rain and just the sheer size of the project. Tenant was quite unhappy with the pace of work and kept sending emails that they are concerned of mold and just overall unhappy. I tried to assure them as much as possible that I'm taking care of things. Tenant also complaint to health department who called me in the first week of repairs. I informed them that repairs are underway and I never heard anything back from them after this one call. So, I didn't think it much since it was a non-issue for me.
From my prospective, I ended up spending $10k and a whole lot of my personal time to fix the property and it was a costly affair. Also, rent is lower than mortgage and taxes. I pay $200/mo extra out of my pocket just to pay the mortgage/taxes/hoa. All maintenance is out of my pocket. I decided to sell the property as values are back to normal. So, after repairs were done, I proceeded with a 60 day notice to vacate so I can do some more repairs and sell the property. I also offered tenant to purchase the property. They responded by sending me a letter that this is retaliation and they won't vacation for at least 180 days and will entertain notice to vacate after 180 days from the day they complained to health department. I responded that my finances are not in good shape and I need to sell property and that this is not retaliation. I also reminded them in my response that I've offered to sell property to them as well. After this they responded via email that I'm trying to sell too quickly (and therefore its retaliation) and they have personal issues as well that won't allow them to vacate. In response I again told them that this is not retaliation and offered additional 60 days to vacate (total 4 months). However, they have now stopped responding to my emails.
I want to be able to sell property in early summer as it is the best time to sell this kind of property and that's the only time I will able to sell the property this year as I work heavy hours after summer. It could be quite costly for me to sit on empty property after summer. I can't sell property while tenant is occupying it since they keep the house quite cluttered and dirty.
Am I doing anything wrong? What should I do now? What can tenant do? Does tenant have a case if I go with eviction process? I've anxiety issues and I don't do well in these kind of situations.
This is my old house that was underwater due housing crisis and I decided to rent it when I needed to move. Tenant is renting for 5+ years. No issues ever except this recent incident. The property had multiple roof leaks recently (one after other within 5-6 days due to heavy rains) and it took around 2 weeks to complete everything (roof, dry walls, painting and flooring in affected area) due to immediate contractor availability, ongoing rain and just the sheer size of the project. Tenant was quite unhappy with the pace of work and kept sending emails that they are concerned of mold and just overall unhappy. I tried to assure them as much as possible that I'm taking care of things. Tenant also complaint to health department who called me in the first week of repairs. I informed them that repairs are underway and I never heard anything back from them after this one call. So, I didn't think it much since it was a non-issue for me.
From my prospective, I ended up spending $10k and a whole lot of my personal time to fix the property and it was a costly affair. Also, rent is lower than mortgage and taxes. I pay $200/mo extra out of my pocket just to pay the mortgage/taxes/hoa. All maintenance is out of my pocket. I decided to sell the property as values are back to normal. So, after repairs were done, I proceeded with a 60 day notice to vacate so I can do some more repairs and sell the property. I also offered tenant to purchase the property. They responded by sending me a letter that this is retaliation and they won't vacation for at least 180 days and will entertain notice to vacate after 180 days from the day they complained to health department. I responded that my finances are not in good shape and I need to sell property and that this is not retaliation. I also reminded them in my response that I've offered to sell property to them as well. After this they responded via email that I'm trying to sell too quickly (and therefore its retaliation) and they have personal issues as well that won't allow them to vacate. In response I again told them that this is not retaliation and offered additional 60 days to vacate (total 4 months). However, they have now stopped responding to my emails.
I want to be able to sell property in early summer as it is the best time to sell this kind of property and that's the only time I will able to sell the property this year as I work heavy hours after summer. It could be quite costly for me to sit on empty property after summer. I can't sell property while tenant is occupying it since they keep the house quite cluttered and dirty.
Am I doing anything wrong? What should I do now? What can tenant do? Does tenant have a case if I go with eviction process? I've anxiety issues and I don't do well in these kind of situations.
Recovery of Premises: Tenant Accusing of Retaliatory Action when Served with 60 Day Notice to Vacate
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