Legal Question in Landlord & Tenant Law in California
60 notice given.tennent asking for 10 more days
I am trying to negotiate ''10 more days'' after a sixty day notice was given. Property owner passed away leaving it to a charitable foundation. This foundation now has sold the property.....alas the notice. We have found another place but it will not be ready until approx 10 days after the 1st...which is the last day of the 60 notice. So in other words, I am asking for 10 days more. The new lease has been signed at the new place...but the representative of the foundation is not willing at this point to negotiate 10 days. We have a baby, and the hard ship of moving after 4 and half years has been heavy. The manager of the foundation seems like she doesn't want to negotiate. But don't you think I should contact the owners directly? I believe my negotiation would be with the new owners. Don't think I ever got an official document stating that the property was sold and to whom other than the sixty notice, stating it was sold and your last day is (blank). There are no tenants moving in��they just would like to start making repairs, etc. I know I must be humble and use my best negotiating skills but when tempers flare�.�look out�.
2 Answers from Attorneys
Re: 60 notice given.tennent asking for 10 more days
It would take more than 10 days for the landlord to get you out, even if he immediately begins legal process. Try to negotiate, but if you can't get agreement, just "holdover" for 10 days. You do run some risk, though, that if the landlord files for unlawful detainer quickly, you could get stuck with court costs and some of his attorney's fees. And, of course, you will be responsible for rent for those ten days.
Here is a website about eviction in California, which includes a section on tactics tenants can use to delay eviction:
http://www.realestatelink.net/articles/Schonfeld.shtml#detainer
Re: 60 notice given.tennent asking for 10 more days
It will no doubt take your landlord more than 10 days to take you to court, get a judgment and serve the 5-day notice to vacate. So, you could just "hold over" for 10 days. However, the downside is if he sues immediately, you could get stuck for court costs and some of his attorneys' fees. Keep trying to negotiate, but don't panic if you really can be out in 10 extra days and can afford the risk of an attorneys' fee. Unlawful detainer isn't that hard to do, so it shouldn't be too large. Many landlords do it themselves. Here is a good website that outlines eviction proceedings in California, and includes a section on tenant tactics to delay eviction:
http://www.realestatelink.net/articles/Schonfeld.shtml#detainer
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