By Mark Zinman | Zona Law
Question: I gave my tenant a 30-day notice to move out on February 28. However, they are saying that they can’t move out by then and that they need till March 10. They are willing to pay. What should I do?
Answer: As we always tell our clients, what you do is a management decision that only you can make. How you do it, is what we are here to help with. If you just want the tenant out, you can file the eviction on the 1st of the month if they don’t move. This may be needed if you are selling the property or have a new tenant moving in soon thereafter. You may not able to give them the other time to move out. If you are willing to give them the 10 days to move but want them to pay for that time, it’s important that you enter into a written agreement documenting what is being paid and when they will be out. However, if you accept payment and simply let them stay without written documentation of a date for them to vacate, it voids the previous notice and you have likely created a month-to-month tenancy.