Legal Question in Landlord & Tenant Law in California

Owner sold property, New owner gave us 30 day notice to leave-- Is this legal

I have been a tenant in the place I am living for 5 years. The landlord sold the property in Nov. or December. On December 28th I received a notice from the new owner that they were terminating my tenancy and I had to be out on January 31, 2005.

I want to know if I am entitled to 60 days or 30 days? I'm not for sure because the owner sold the property and the new owner said that I am only entitled to 30 days. I was not asked to sign a new rental agreement with the new owners.

Thanks for your assistance.


Asked on 1/21/06, 6:49 pm

2 Answers from Attorneys

Randy Schlosser Law Office of RM Schlosser

Re: Owner sold property, New owner gave us 30 day notice to leave-- Is this legal

An purchaser of real property can give a 30-day notice to vacate to a month-to-month tenant if the owner intends to live in the premises. However, if the tenant has lived there over 1 year and the owner does not intend to occupyu the premises, then a 60 day notice is required.

By the way, the law for 60 days was extended past 1/1/06

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Answered on 1/23/06, 10:29 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Owner sold property, New owner gave us 30 day notice to leave-- Is this legal

As of January 1 2006, the law reverted back to 30 days. I haven't researched whether a notice to vacate given just prior to January 1, 2006 requires 60 days or not.

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Answered on 1/21/06, 6:54 pm


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