Q) We have a tenant who gave a 30 day notice that he was moving. I started posting ads saying an apartment will be available at the end of this 30-day period. When I asked the tenant if I can show his unit, he said no because he was not sure that he in fact was moving because a place had not been found. Can he serve a 30-Day Notice and not move? Can he do this every month? We are anticipating a vacant unit, but how can we rent it out if we don't know when the tenant is really moving?
A) Your tenant cannot serve a notice to vacate and then remain in possession. If the tenant does not vacate, you have the right to initiate an unlawful detainer action to evict him from the property.
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