Legal Question in Landlord & Tenant Law in California

When new landlord takes over.....

We've been renting our home for 2 years. Never had lease or rental agreement, everything verbal. Owners live next door to us and decided to sell both properties(they have to sell the homes togeter cause the water line is conjoined.)Escrow has not closed yet and the people who are buying the house keep coming by trying to get us to sign a paper they typed out themselves saying we will stay here for a mimimum of six months paying $1000.00, when out rent used to be $800.00.What is the minumum or max. amount of time we have until we have to move, and how much are we required to pay?If we get evicted by them, do we still pay rent for that month? cause we need every bit to move now. this is all been unexpected. and we surely can't afford their price, we barely made it befor, please help.......


Asked on 12/02/03, 2:11 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: When new landlord takes over.....

I disagree with Koenan's response. My understanding of the law is that when the new owners actually become new owners, they only have to give you 30 days notice to move out. They cannot increase rent, they cannot charge you any rent at all. You do not have an agreement with them. They of course could waive the 30 day moveout if you agree to pay any amount of rent they request. Otherwise, it's out you go! If, however, the current owners want you out or want to increase rent, they have to give you 60 days notice.

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Answered on 12/02/03, 9:54 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: When new landlord takes over.....

They have no right to require anything until they are the owners of the property. Then, they can raise your rent no more than 10% with a 30-day notice. If they want to raise your rent by more than 10%, they must give a 60-day notice. If they wish to terminate the tenancy, they must also give you 60 days notice, because you have lived there for more than one year.

They need to go to landlord school before they get themselves in trouble.

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Answered on 12/02/03, 2:20 pm


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