Legal Question in Landlord & Tenant Law in California
Me, my autistic brother & my 4 year old, rent a house in Los Angeles County, CA we have a month to month agreement & have lived here for 2 years 8 months , in Feb 2014 my landlady came over because the bank needed to come over because supposedly she was trying to refinance, then on may 27,2014 she sent me an email telling me the bank said she has to get out & that we have to move by June 15, I told her that was not possible, so she said they got extra time now it's July 15 & that there is new buyers, I never knew the house was for sale, my grandmother would have purchased it if we would have known, and now she is harassing me everyday with text messages & emails, but she's never given us any sort of formal notice. If the house has new buyers is she still our landlady? What happens if we don't move by July 15? Because my brother is autistic & gets Social Security does the ADA pertain to him?
2 Answers from Attorneys
She or the new owner must go through the legal process of a formal written 60-day notice to quit that she must post or serve on an adult in the property, and then file a court case and actually get a court order if you don't move by then. If the house is sold, then the new owner must decide what to do. The problem arises because she probably guaranteed that, as a condition before the sale, the house will be delivered empty. You might tell her that if she wants you out quickly, then she'll have to pay you and your family an amount that you consider to be a reasonable amount for relocating. Otherwise, you can hold her and the eventual new owner to the rental agreement until they do things lawfully. (You will continue to pay rent to her until you're notified in writing of the new owner's information.) You might also send her (and the prospective buyer, if you know contact information) a request for reasonable accommodation for your brother by seeking more time if you think it's more difficult to relocate because of his condition. If push comes to shove, you should probably locate a lawyer in your area who can help you.
If there is no lease agreement and you are on a monthly rental, then the landlord is free to take the possession back from the renter(s) by providing the required notice. If this was a rent-controlled property there would have been more protections in place. I recommend you start looking for a new place in order to make it easy on you and your family.
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