When can a residence be considered as “surrendered” by an evicted tenant?

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When can a residence be considered as “surrendered” by an evicted tenant?

Tenants served a 60-day notice which is up in about 2 weeks. Tenants moved out last week but still have a few belongings in the residence. They are assuming that they have the full 2 weeks to get these belongings. Is this true or can the residence now be legally considered as vacant? They have not paid rent for this month.

Asked on October 24, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) Generally speaking, if the tenants gave 60 days notice, either as per the lease or otherwise as accepted by the landlord, they'd have possession for the full 60 days, even if they largely moved out earlier.

2)  However, giving notice does not absolve them of the obligation to pay rent; if they have not paid, they could be evicted.

3) However again, a landlord can't simply unilaterally lock tenants out, even for nonpayment; you'd have to go through the courts with an eviction proceeding, which would take more than two weeks a anyway. You may be best served waiting out the full notice period, since there are only two more weeks, to get possession.


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