Legal Question in Landlord & Tenant Law in California

In California, if a landlord provides written notice of their intent to sell and, as part of this notice, states that 30 day notice to vacate will be given at close of escrow, can they later give the 30 day notice on the day they accept the purchase offer? We were told that it would be 2-3 months before we needed to vacate and now 9 days later we are being served with a 30 day notice.


Asked on 2/23/14, 7:31 pm

2 Answers from Attorneys

The landlord is under no legal obligation to give you any date on which a notice terminating the tenancy will be given. So they are free to change their mind after they told you, unless they were intentionally deceiving you and you did something in reliance on it. With that said, however, if you have a lease the current landlord and the buyer cannot throw you out until the end of the lease as long as you fulfill your obligations under the lease. They don't get to give you a 30-day notice just because the property sells. If you are on a month-to-month rental agreement, or a lease that expired and has continued month-to-month, they can give you a 30-day notice at any time for any reason, but only if you have been a tenant for less than a year. If you have lived there more than a year, they have to give you a 60-day notice.

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Answered on 2/23/14, 9:43 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick.

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Answered on 2/24/14, 7:08 am


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