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When is a rental property considered legally vacant in California?

When is a rental property considered legally vacant in California?

Q: Can I change my mind after giving the move out notice?

In California, once a tenant gives a valid notice to move out, they cannot simply change their mind without the landlord's agreement. If the landlord agrees to allow the tenant to stay, a new rental agreement may need to be established. Otherwise, the tenant is expected to vacate the property as per the notice.

Q: How long can someone stay in your home before they can claim residency?

In California, a person may claim residency if they have lived in your home for a certain period and established a pattern of living there. Generally, if someone stays for 30 days or more, they may have rights as a tenant. It’s crucial to have a written agreement to clarify the terms of occupancy.

Q: What are considered unlivable conditions in NJ?

In New Jersey, unlivable conditions, or 'habitability issues,' may include lack of heat, water, or electricity, significant pest infestations, or unsafe structural issues. If a rental property does not meet health and safety codes, tenants may have the right to withhold rent or terminate the lease.

Q: Can a tenant change their mind after giving notice?

In California, a tenant cannot change their mind after giving a valid notice to vacate without the landlord's consent. If the tenant wishes to stay, they must communicate with the landlord and possibly negotiate a new agreement. Otherwise, they are expected to leave by the date specified in their notice.

Full question:

My tenant gave notice which was up on 12/31/07. He hasn't returned the keys as of today; when I inspected the property on 1/2/08, he was still cleaning a very dirty premises. Is the property legally vacant when his furniture is out, when he returns the key, or when he says it is ready? What constitutes vacant? I need to get a new tenant. Can I change the locks if his furniture is out? Is there a squatter's law in California?

Category: Landlord Tenant
Subcategory: Residential Lease
Date: 04/07/2025
State: California

Answer:

If the tenant's notice was valid, the tenancy ended on the date specified in the notice. In California, a property is typically considered legally vacant when the tenant has moved out their belongings, returned the keys, and no longer has possession of the property. The landlord may change the locks once the tenant has vacated and removed their furniture, but it is advisable to ensure that the tenant has officially ended their tenancy by returning the keys. Regarding squatters, California has laws that protect property owners from unauthorized occupants, but it is essential to follow the legal process for eviction if necessary. For more specific legal templates, users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you sue a tenant for unpaid rent after eviction?

Yes, in California, landlords can sue tenants for unpaid rent after an eviction. If a tenant owes rent that was due before the eviction, the landlord may file a lawsuit in small claims court to recover the amount owed. It’s important to keep records of any unpaid rent and the eviction process to support your case.