Legal Question in Landlord & Tenant Law in California
month-to-month tenancy
we've lived in our apt. for 7 years now, but we've never signed a lease. We consider ourselves month-to-month tenants. Now the owners are trying to sell the building. We've 2 cats, and were told today that pets were not allowed by the onsite manager. We're thinking they may use this to evict us, but can they do this since we never signed anything? If they do evict or ask us to leave how much time are they required to give us?
We're in San Francisco, so we know we have one of the most renter friendly places in the state.
Thanks:)
1 Answer from Attorneys
Re: month-to-month tenancy
An oral agreement is as valid as a written one, just harder to prove!
If you have same owner, and is same owner now (but new mgr.) they would have a difficult time evicting you after 7 years....IF you have had pets all the time.
I am enclosing a website on landlord's notice
Landlord's notice to end a periodic tenancy
A landlord can end a periodic tenancy(for example, a month-to-month tenancy) by giving the tenant proper advance written notice. Your landlord must give you 60 days� advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more.181 However, the landlord can give you 30 days� advance written notice in either of the following situations:
Any tenant or resident has lived in the rental unit less than one year; 182 or
The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends. In addition, all of the following must be true in order for the selling landlord to give you a 30-day notice
The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
The landlord must have given you the 30-day notice no later than 120 days after opening the escrow, and
The landlord must not previously have given you a 30-day or 60-day notice, and
The rental unit must be one that can be sold separately from any other dwelling unit.182a
The landlord usually isn't required to state a reason for ending the tenancy in the 30-day or 60-day notice (see "Thirty-Day or Sixty-Day Notice"). The landlord can serve the 30-day or 60-day notice by certified mail or by one of the methods described under " Proper Service of Notices ".182b
I suggest you read the entire article at the California Government for Consumer Affairs.
You are welcome, and let me know by e-mail, or phone if you need more.