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When to serve a 48 hour notice to inspect and quit notice?

San Marcos, CA |

Tenants are roommates. Both approved on the basis they looked like they would be good tenants and would pay. They've been paying. However, the property owner did a walkthrough without the property manager and found some locks were changed and doors had holes drilled in them. The tenants have not called back the property as promised. One of the tenants' phone number disconnected and no way of getting a hold of him. Neither one responds to emails. Lease renewed automatically and tenants have been paying. One roommate expressed interest in leaving. The property has not been able to walkthrough and contemplating serving a 48-hour notice for inspection and to quit the premises. Good or bad idea?

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Attorney answers 1


If you wish to conduct an inspection of the premises for determining if repair work is required, you need to give 24 written notice as provided by Civil Code Sec. 1954. If you wish to terminate the tenancy, you must give 30 or 60 days notice (depending upon whether they have resided in the unit for more than one year) in compliance with Civil Code Section 1946.