Legal Question in Landlord & Tenant Law in California

Old Landlord sold house...what are my rights?

I was on a lease until August with my old landlord. The property was sold several months ago. New landlord has not done anything with regard to repairs (I have been without a roof for a month, my kitchen sink is dropping below the counter top, there is a hole in my kitchen floor from where their repair guy skill sawed through it, my windows are so old and deformed that they do not lock, windows were cracked by their ''repairman'', my oven stopped working 3 weeks ago and my dryer quit yesterday). I have not been provided with any notice of a rent increase, or new lease to sign. The new property manager said it would go up $450. I currently pay $800. How much notice do they have to give me or can they just come up in the next few days and hand me a new lease or worse yet, eviction notice? They have not been up front about any of the dealings that have occurred since the new owner bought the place. What are my rights in the situation where a lease is ending from an old landlord and transferring to a new landlord?


Asked on 7/28/03, 1:16 pm

1 Answer from Attorneys
Martin Snitow

Re: Old Landlord sold house...what are my rights?

At a minimum, the new landlord must give you 30 days notice of a rent increase. He can give you the notice in the middle of a month, for example, and it will take effect the middle of the next month. Your rent for that month will be pro-rated so that you pay the increase for only part of a month.

Your property has habitability issues. Write to the new landlord listing all of the problems and ask that they be corrected immediately. Preferably send it by certified mail, return receipt requested and be sure to keep a copy. If you don't get prompt action, see a lawyer about withholding your rent.

If you sign a new lease with a rent increase, be sure it says new lease and the increase do not take effect for 30 days. Also, be sure to ask that the problems be fixed before you sign.

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Answered on 7/28/03, 1:47 pm


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