Legal Question in Landlord & Tenant Law in California
What are my rights?
I am residing in a rental that I have lived in for 6 years, my landlord notified me of her intent to sell the property and claimed I would have 60 days from the close of escrow to move. After she brought in a real estate agent to do a walk thru, she sent me a certifed letter on 06/13 I never picked it up. She called 2 weeks after sending the letter to ask why, I told her I had no idea who the letter was from and why she would be sending me certified mail, she informed me at that time, the rental needed improvements prior to sale and I would need to move. I have no written agreement, original rental agreement is in the name of another person who died unexpectedly 02/2001, we had our first introduction 03/2001, she allowed us to continue residence and I've paid on time monthly ever since. She showed up 2 days ago, with someone claiming to be the buyer who threatend to show up with the sheriff on Saturday 08/06/2005 to remove my belonings unless I am moved out by today. Can she do this? I am actively looking for new residency but its expensive to move, I would have liked a little more notice. I'm working 10 hours today and I won't have time to fulfill her demands. I haven't received one thing in writing, what are my rights?
2 Answers from Attorneys
Re: What are my rights?
A landlord is required to give a 60 day, written notice to terminate a tenancy under state law. Then if you do not move, they can file a legal action to evict you. That takes a little time, too. The sherriff will do nothing without a court order.
Re: What are my rights?
In your circumstance, though, Civil Code section 1946.1(d) might apply if your dwelling is separate from any other and the buyer intends to live in it. Then a 30-day written notice might apply depending on when escrow opens and upon its future use:
(d) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if all of the following apply:
(1) The dwelling or unit is alienable separate from the title to any other dwelling unit.
(2) The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.
(3) The purchaser is a natural person or persons.
(4) The notice is given no more than 120 days after the escrow has been established.
(5) Notice was not previously given to the tenant pursuant to this section.
(6) The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.
Good luck to you!
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