Legal Question in Landlord & Tenant Law in California

Tenant Estoppel Certificate - Notice of Termination

The real estate agent of owner of the duplex I'm renting had me sign an estoppel certificate explaining that it's simply stating how much rent and deposit I pay the owner. The owner subsequently sold the property and served me with a notice to terminate the property on 9/6/05. When the owner put the property up for sale he assured me that I would not have to move. I feel like I have been lied to! I have a few questions. Since there is a new owner now, is the termination agreeement still in effect? Also, when property is sold isn't the new owner required to give me a 60 day notice? I would like to stay at the property until November 1st to give me time to save the money for rent and deposit. The new owner says they will think about it....think about what??? Do I have any rights in this regard? I'm interested in retaining legal counsel.


Asked on 9/21/05, 11:31 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Tenant Estoppel Certificate - Notice of Termination

From what you describe, the estoppel certificate doesn't appear to be related to the termination of your tenancy. The desire to remove you as a tenant is the motivating factor. More than likely, the old owner promised the building would be vacant when sold.

If you lived there more than a year, the owner must serve you a written 60-day notice that must comply with the letter of the law. It's 30 days if less than a year. It's often done by posting a notice on the door and then mailing a copy to you. Then, if you don't move, the owner may bring an unlawful detainer lawsuit to force your eviction. The owner would have to have a process server either personally serve you or an adult at your home or place of work. You then would have five days to file a response in court, and a trial would be set within about 3 weeks.

Of course, if you wanted to, you could pursue the former landlord for fraud or misrepresentation, but likely you'd be spending more money for an attorney than it's probably worth since tenancies can be terminated with proper notice, unless the property is subject to rent control/stabilization.

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Answered on 9/22/05, 2:37 am


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