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

UPDATED: Mar 5, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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