Legal Question in Landlord & Tenant Law in California

3 weeks ago our Landlord's Property manager informed us the landlord was selling the house. We were told we could stay here and when the house sells, the new landlord

may raise our rent. We have been renting for 4 years. Yesterday the property manager asked us if we received an eviction notice that it was filed last Tuesday. He said the sheriff should have been by to lock us out by now.

He then said the only way to avoid eviction is to be out of the house in 2 days

. do we have any rights?


Asked on 3/01/13, 5:49 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Yes. The correct procedure is that the owner would serve a 60-day notice to quit (because of your longevity as a tenant) either by personal service or, if no one is home, by posting it in a conspicuous place where you would see it (usually on the front door). If the occupant does not leave within that time, then an unlawful detainer (eviction) lawsuit is filed with the court, and served by sheriff or process server on the tenant(s). Then the tenant has the opportunity to file an answer with the court and serve it by mail upon the landlord. Then the court holds a trial.

Thus, there are several safeguards built into the process which will take many weeks. In addition, you might live in an area which is protected by rent stabilization. There might be a tenants rights clinic at your local courthouse or nearby which could advise you further about your rights and perhaps help you. Nevertheless, it sounds like the property manager has been instructed to clear you out by scaring you into moving without following legal procedure so that the house may be empty when sold.

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Answered on 3/01/13, 7:40 am


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