Legal Question in Landlord & Tenant Law in California

Renters rights

Iam renting a home for $600.00 a month due on the 1st. NO lease. The owners have sold the property, they had informed us of this. House has sold and escrow has not yet closed. The new owners have come by and told us that that would rent to us, but the rent would increase to 1,200.00 a month. What I need to know is doesn't a new rental contract need to written up and if I don't choose to stay there because the rent is to much. Can the new owners tell me I have a week to move, they have told us this and escrow hasen't even closed yet. Shouldn't I been given a 30day notice or Give her a 30-day notice that we are moving. There is no way I can move in a week I have 5 children 2 of them are under the age of 2, 9&10 yr old and 16Yr old my husband and myself. Thank you very much.


Asked on 11/24/03, 10:51 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Renters rights

The new owner takes the property subject to the existing rental agreement and terms. He is entitled to change those termbut must give adequate notice. For a rent increase above 10%, adequate notice is 60 days. They must also give you a 30 day notice that they are terminating the tenancy, or if you have lived there for more than a year, a 60 day notice. Finally, they cannot give any notice until they actually own the property. Of course, they could have the present owner give you notice in order to start the time frame. Finally, if you are in a rent control area, you may have additional rights based upon that ordinance.

Read more
Answered on 11/25/03, 11:48 am
Robert Mccoy Law Office Of Robert McCoy

Re: Renters rights

The current owners could give you a 3 day notice to pay rent or quit or a 60 day notice. The new owners have to own the house before they give you notice. I disagree with Koenan on this point; I believe the new owners only have to give you 30 days notice and not 60 because they have no lease with you. Arguably, the court could go either way on this point, but I do not belieive it would be worth the risk.

Read more
Answered on 11/26/03, 8:15 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California