Legal Question in Real Estate Law in California
Less than 30-Day Eviction Notice
I have lived in my apartment for just under ten years. I have always paid my rent on time (if not early) and have never had any problems. I have been here through four different landlords. Because I love my little place so much, over the course of the years I have put a lot of my own personnel money and time in the upkeep of apartment (interior and yard). Yesterday evening (Wednesday, October 16, 2002) I received a 30-day Eviction Notice stating that the landlord was regretful in informing me that he has sold the property and the new owners require that the property be vacant by November 11th. This is giving me less than 30 days to vacate. As you can imagine, I have acquired a lot of things in ten years, not to mention that I work 6 days a week, so I believe I will require at least the 30 days. Can the new property owners turn around and rent my place to someone else, although I have been an ideal tenant? My real concern, however, is do I have to be out by November 11, although that is short of a 30-day time frame or is my landlord required to give me 30 days? Please help!
3 Answers from Attorneys
Re: Less than 30-Day Eviction Notice
They cannot force you to leave prior to 30 days. If you were on a lease (rather than month to month) they cannot force you to leave until the end of the lease term.
A bill was passed in the state legislature recently which required a 60 day notice for long term tenants. I believe it was signed into law, but I am not certain if it went into effect immediately, or has a specified starting date. Contact your local bar association for a referral to an attorney or law firm that deals with tenant rights.
Re: Less than 30-Day Eviction Notice
You are entitled to 30 days notice. If this had happened next year (2003) you would be entitled to 60 days notice under a new law.
If you are in a rent controlled jurisdiction, you should point out to the landlord that the new tenant cannot be charged more than you pay. If not, you can offer to pay fair rental value to the new landlord.
Possibly the new owner wants the unit vacant so he can upgrade or remodel it. You could ask whether the schedule for this work can be adjusted to allow you more time.
Re: Less than 30-Day Eviction Notice
Yes. The landlord is required to give you 30 days notice of termination of your tenancy. Once your tenancy is terminated, if you are still in possession the landlord can file an unlawful detainer action which is a summary proceeding to determine the issue of the right to possession. In four to six weeks, if he can obtain a judgment declaring the tenancy terminated and allowing the landlord to have the Sheriff or Marshal give you notice of eviction. That notice will give you a stated number of days to vacate or you will be locked out by them, your remaining possessions will be seized and place in storage. You will be able to retrieve your belongings upon payment of storage expenses and moving costs.
Hope this helps and good luck.
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