State Specific Question About: CALIFORNIA (CA)

I posted about a month ago about my house flooding and the damages. I offered tenants 100% return of their deposit. The husband refused saying he wanted to keep the contract (possession) because he wanted to get money from FEMA. At that time FEMA had NOT declared the storm a disaster.

In the meantime all of the tenants furnishings had been moved out of the house. I could not transfer the utilities to my name because tenant still had possession. I had contractors doing demo who needed electric & water. Plus I needed to keep the blowers going 24/7.

I had a showdown with tenant when he came to house to "check his mail." I sternly told him to move on because the house was inhabitable and I had no money for repairs, can't transfer utilities, etc. (SIDE NOTE: I didn't have flood insurance, so rebuilding is out-of-pocket, at least $200k).

The same day as the showdown, Feb 5, tenant sent an email (cue the violins) saying he would waive the eviction moratorium and terminate possession. The moratorium ends March 22 in exchange for the deposit. I didn't see the email until about 3 weeks later because it was sent to an email that I don't use for tenants. He got the email address when I cc'd a docusign to myself.

Interesting.

In hindsight, it looks like this problem started with your willingness to allow the tenant to declare what the terms of their departure would be - rather than you being in control and clearly sending notice that the house is uninhabitable and the lease is immediately ended. According to what is written in your lease/CA law, of course.

At this point, though - since you are in crazy CA, I would agree to his offer (again, he is still in charge) just to move on.

Regarding the date: How is notice dated in CA? Is it when it is sent, or when it is delivered by a court-approved service company, or what?

I would use the date it was sent. My rental agreement says that both parties agree to electronic communication, agree to check the email given every day, and agree it is considered received on the day it is sent. It also lists the emails to be used.

Him using the wrong email is just weird - way out there. But now at least you can put those tenants behind you & focus on other things.

Also send the tenant a document stating you received their notice to terminate their possession of the house effective (date of email) and the return of their security deposit is being processed & will arrive under separate cover.

That's all.

Do not mention moratorium, utilities or anything else.

This is assuming you are still within the time frame set forth by CA law as to how quickly you must account for the deposit.

So the county wanted to keep tenants in uninhabitable housing?

Did this moratorium say that the tenants did not have to pay rent?

Possession occurs when keys are delivered. Have the keys been turned over yet?