Legal Question in Landlord & Tenant Law in California
My landlord sold the building we live in. We were told we have 30 days to leave by the new owner. We have been here just a few days from being a year. And the only way the notice has been delivered is by dropping it off. Not by mail or registered mail. It's just been dropped off in our mailbox or at our front door, not personally delivered directly to us. Does the 30 days begin when the notice actually gets "officially" delivered the 2nd time? And if the date that it's officially delivered is May 2nd or later, we will have been here a year... will that give us another 30 days?
1 Answer from Attorneys
A 30-day notice is required for tenants renting for less than one year. The notice must be posted in a conspicuous place at the property if not handed personally to the tenant or some adult apparently in charge of the rental unit. If dropped at the front door, it sounds like it was served on that day (though not taped to the door). The landlord was required to mail a copy to the tenant if not personally served, but the event trigger would be on the date it was mailed (not received). If the new landlord files an unlawful detainer against you, you might try to raise your timing arguments. It might be best to negotiate for more time to move, if that's what you need. Also, check with your community's rent board to see if there are any protections for people being evicted.
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