The memorandum discusses the notice requirements for terminating a month-to-month tenancy that has lasted over five years. The conservator incorrectly served a 30-day notice instead of the required 60-day notice. For a tenancy over one year, California law requires 60 days' notice to terminate. Additionally, the conservator may need court approval to sell the property depending on the scope of her authority and the financial needs of the estate.
The memorandum discusses the notice requirements for terminating a month-to-month tenancy that has lasted over five years. The conservator incorrectly served a 30-day notice instead of the required 60-day notice. For a tenancy over one year, California law requires 60 days' notice to terminate. Additionally, the conservator may need court approval to sell the property depending on the scope of her authority and the financial needs of the estate.
The memorandum discusses the notice requirements for terminating a month-to-month tenancy that has lasted over five years. The conservator incorrectly served a 30-day notice instead of the required 60-day notice. For a tenancy over one year, California law requires 60 days' notice to terminate. Additionally, the conservator may need court approval to sell the property depending on the scope of her authority and the financial needs of the estate.
TO: Estate of Robert Perry, Conservatorship v. Romero
FROM: Akaylah Fisher DATE: September 3, 201 RE: !efe"tive #$ly 31 st , 201 30-Day %oti"e P$rs$ant to CCP 1&'.1 QUESTION PRESENTED (hether the Conservatee)s attorneys 30 *ay noti"e serve* on, an e+istin, tenan"y e+"ee*in, 12 months *$ration is vali* or is a '0 *ay noti"e re-$ire*. ANSWER /es, noti"e re-$irements are stat$torily re,$late*. 0he tenan"y len,th *i"tates the type of noti"e re-$ire* to terminate. 1n the present sit$ation, the tenants have resi*e* on the premises for over 2ve 345 years. 6o7ever, proof is nee*e* to vali*ate 7hen they move* in s$"h as, evi*en"e of rental payments or re"eipts for materials bo$,ht to improve premises. 0herefore, the "onservator attorney 3#$*on*i 8ol*en5 has not properly be,$n the evi"tion pro"ess $ntil a '0 *ay noti"e is serve*. FACTS 0he real property of the estate 7as 7ron,f$lly a"-$ire* thro$,h fra$* from 9r. Perry. S$bse-$ently, the "o$rt fo$n* him to be in"apa"itate* or $nable to s$bstantially "are for his 2nan"es. 0he Estate is $n*er the "are, "$sto*y an* "ontrol of the "o$rt:appointe* "onservator. 0itle to the property has been restore* to the Estate. Conservator ,ave noti"e of termination to Romero be"a$se he 7ants to sell the property b$t it is $n"lear if "o$rt permission has been obtaine*, if nee*e*. 0he present tenants *i* not kno7 9r. Perry 7as the tr$e o7ner of re"or* 7hen takin, possession. 0hey rente* the property 2ve years a,o, via an oral month:to:month rental a,reement, from the then o7ner of re"or* at the time ;arry, 7ith no kno7le*,e of the prior fra$*$lent a"tivity. 0hey have resi*e* on the premises for years 7itho$t in"i*ent. <n #$ly 31, 201 "onservator in"orre"tly serve* a 30:*ay noti"e instea* of a '0 *ay noti"e. DISCUSSION Conservator evi"tion 7ill likely prevail in this e=ort to evi"t 7ith a*e-$ate noti"e. 0he evi"tion pro"ess be,ins by terminatin, the tenan"y by 7ritten noti"e. 6ere, the tenan"y is perio*i", month:to:month. 0he tenants have been on the premises for more than a year, a '0 *ay noti"e of termination is re-$ire*. 3CCP 1946.1(b)) 9s. 8ol*en "o$l* be either a 15 ,eneral or 25 limite* "onservator. As a limite* "onservator she may not sell the property 7itho$t "o$rt or*er an* $nless the pro"ee*s are nee*e* to maintain the estate. 8$t as a ,eneral "onservator, she has a 2*$"iary *$ty to "ontrol the assets, pay bills an* make investments for the estate 7itho$t "o$rt permission s$b>e"t to e+"eptions. 0he sellin, of real property is a ma>or transa"tion likely to re-$ire "o$rt s$pervision absent in*epen*ent a$thority. 1n this "ase, $nless there is not eno$,h money to s$pport the "onservatee)s livin, e+penses, pay *ebts or its most a*vanta,eo$s for the estate, the "o$rt m$st a$thori?e "onveyan"e. 0he "o$rt "onsi*ers n$mero$s fa"tors 7hen "onsi*erin, sellin, the "onservatee)s real property. 0he preferen"e is to sell the property as a last resort be"a$se of the 2nan"ial, ta+ an* health:"are impli"ations. CONCLUSION <n"e properly serve* 7ith a '0:*ay noti"e, the tenants 7ill have $ntil %ovember 201 to relin-$ish the premises. 6o7ever the 30:*ay noti"e serve* on the tenants is not vali*. 1f Conservator pro"ee*e* 7ith an $nla7f$l *etainer 3@!5 a"tion base* on this ins$A"ient noti"e, the tenants 7o$l* prevail.