Legal Question in Landlord & Tenant Law in California
Moving Expenses
I have rented for five years and they have sold the house. We got 30 days notice. Are they required to give us money for moving expenses and are they required to return our deposit to us?
1 Answer from Attorneys
Re: Moving Expenses
If the house was sold not through foreclosure, then they owe you a sixty day notice, not thirty. I don't know who is giving these Realtors legal advice, but this is about the fourth post in two weeks in which a home was sold, the tenant had lived in the home more than one year, which requires a sixty day notice, yet they only gave thirty days notice. I'm guessing that the Realtors are mis-construing the law to think that if the new owner hasn't been your landlord for more than one year they only have to give thirty days notice. Anyway, that's probably more than you wanted to know. The Statute is very clear - if you have lived in the property for more than one year, the landlord (new or old) must give you a sixty day notice. At the expiration of the sixty days, you must move, or you will be evicted. They do not have to give you moving expense money, and the security deposit doesn't have to be returned until 21 days after you surrender possession of the property. They may withhold from your deposit the reasonable cost to repair any damage to the property that exceeds normal wear and tear, and may also deduct to clean if the apartment is not in substantially the same condition as when you rented it.
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