Legal Question in Landlord & Tenant Law in California
30 day notice to leave landlord sold house and is in escrow
Our landlord sold the house we are renting and it went into escrow a couple of weeks ago. She served us with a 30 day notice on Nov. 4th, and our rent is due the 10th of each month, and we have lived here for 3 yrs. She told us that once the house went into escrow and she served us our notice to vacate, she would not collect any rent, now she has called us and is asking us to pay rent for the month even though we are being forced to move and are trying to save money to do so. Are we obligated by law to pay rent once the house goes into escrow and we were given 30 days to vacate? She served us 6 days before our rent was due and didn't ask for the rent until 4 days after it was due. The notice to vacate does not stipulate our vacate date nor does it say that we owe her rent for the month. If so, isn't she required to serve us a 3 day pay or quit notice prior to the 30 day notice? If so, wouldn't that make her 30 day notice null and void? Also, I thought that since we have lived here for 3 years, she was required to give us a 60 day notice, not 30 days. PLEASE ADVISE US OF OUR RIGHTS!! Thanks for your time.
1 Answer from Attorneys
Re: 30 day notice to leave landlord sold house and is in escrow
If you lived there for 3 years, you are entitled to 60 days notice of termination of tenancy. Therefore, her 30 day notice is not valid.
If you are on a lease, rather than a month to month, you cannot be required to vacate until the termination of the lease, unless the lease specifically states that the tenancy can be terminated at the time of sale.
Generally, you would still be required to pay rent for the time you live in the property. However, since her 30 day notice is invalid, you may try to use that as leverage.
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