Legal Question in Real Estate Law in California

What is the court date? If you can be out the day before the court date, you'll probably be OK because you will not longer be unlawfully detaining at that point, and there is no longer a basis for the suit.

Arguably, the agreement to allow you to stay until 12/9 is a valid short-term rental agreement that did not have to be in writing, but the buyer may also argue that it was a term of the sale agreement and thus had to be in writing.

Even though moving out before the UD trial should make the UD case moot, you'll probably owe the buyer the fair market rental value for the days between the closing and your actual move-out date.

Unfortunately your agreement was as good as the paper it was written on. You should have gotten something in writing and it seems that maybe your realtor did not talk directly to the buyer and maybe your realtor forgot to tell her. Oh well.

So with an eviction once they file suit you have 10 days to file an answer or response. Once that happens the landlord/owner can then set it for trial which usually takes a couple weeks before you get a trial date. At trial you could argue that she consented to letting you stay and maybe you might win or you could loose. If you move out and GIVE HER THE KEYS before the trial starts then the case will get dropped from the trial calendar that morning. It then goes back in line with rest of the cases. Evictions get a special preference along with criminal cases and move to the head of the line. Gee I wish I could get that with some of my personal injury cases!

I assume what she wants is the house so there are your options. Have you tried to talk to her or is she being unreasonable?

Good luck and next time get it in writing so you don't have these types of misunderstandings.