Legal Question in Landlord & Tenant Law in California
Calif. the house that I live in is a rental I have been in for 2.5 years. Then 2 days ago the owner who lives in Mississippi had me served with an eviction notice that said he was selling & in escrow this is a 30 day notice to vacate the property, The buyer wants to move in when escrow closes . I am in a no rent control part of Calif. & pay monthly rent ? Can the Owner Seller, sign & serve me with a OMI notice { he is not moving in} For a Buyer who has not signed anything & is not the Owner yet. The notice says to be out before escrow closes. What happens if it falls out of escrow . I have been put thru hell & spent a lot of money wasted a lot of time & cannot do anything about it. They will blame the Lender, Title Co, Inspecter, Etc. Is this LEGAL
2 Answers from Attorneys
The owner doesn't need to give you any reason if you are month to month and not in a rent controlled jurisdiction, so whether it is OMI or any other reason doesn't matter. What does matter is that they must give you 60-days, not 30, since you have lived there more than a year. Your best bet is to object to the notice and tell them that it is invalid. Then negotiate a cash for keys deal on a time frame that is favorable to them but viable for you.
Please do not post this question anymore. Mr. McCormick and I have told you on at least 5 different occasions that this requires a 60 day notice and that your current landlord is wrong.