Is our 3-day quit notice any good in this case?

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Is our 3-day quit notice any good in this case?

We have a 3 unit Victorian. This is the first time we’ve rented it out, as family has always lived there. One of the tenants was given a 3-day quit based on violating her agreement and causing disruption to other tenants, the police came a couple of times. The day after she was given the notice she called the Dept of Housing to come and inspect her unit. The city found that the property was never zoned for 3 units so we have to make it a 2 unit. The tenant is now asking for us to pay her moving expenses and find her a new place because she will be displaced. Do we have to pay?

Asked on March 5, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you illegally rented a unit in violation of local zoning laws where one of your units is not compliance where one of your tenants needs to move, I suggest that you pay his or her moving expenses and obtain a written release for all claims from this person. The reason is that from a good business standpoint, it makes sense to pay for this expense whether you are legally required to do so or not.

You are not required to find this tenant a new place to live.


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