Legal Question in Landlord & Tenant Law in California

Family Being Thrown Out Of Home - Disclosure Violation ?

I am submitting this query for a friend. She and her family have been served a 60 Notice To Vacate Premises. (I do not know whether service was proper). My friend and her family assumed residence relatively recently (within the last 6 months), but have now been informed that the woman who rented them the house is getting a divorce, and therefore intends to sell the property. Although my friend was aware that the woman was separated from her husband, nothing was mentioned regarding the potential for this development - divorce and sale of property. Is this a violation of disclosure ? If my friend and her family signed a lease which established something OTHER than periodic (ie, month to month) tenancy, will this serve to prolong my friends tenancy despite the 60 Day Notice ? Moving will be an extreme hadship - her 3 children have just begun the school year and financially this is an overwhelming burden for the family. Thank you in advance for your help - I will forward her the information I receive here.


Asked on 9/22/03, 3:02 am

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Family Being Thrown Out Of Home - Disclosure Violation ?

If she has a lease with a definite termination date, she does not have to move until that date comes UNLESS there is a clause in the rental agreement that says the landlord can terminate the tenancy if she sells the property.

If that clause is not in there, it might be wise for your friend to negotiate with the landlord to move, provided the landlord pays her moving expenses.

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Answered on 9/22/03, 12:39 pm


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