Legal Question in Real Estate Law in California
Tenant
i need some answers upon what i can do.... my situation is as follows.... ive been renting at my current location for about 12 years...ive been an outstanding tenant, and all of a sudden something came up with the owner and personal reasons garner her to sell the house...ive recieved a 20 day notice... so me and my family are being forced to move out, im hoping to get some good news/ advice on what my rights are and what i can do to stay longer at my residence... another thing is that she has recently entered a 6 month lease with us prior. what are my rights? how long can i stay ? with the lease in effect? etc..
i would greatly appreciate a reply. thank you
3 Answers from Attorneys
Re: Tenant
Even if she sells the house, your lease is valid as against a purchaser, unless there is a term in the lease that says that the lease is terminated on sale.
Re: Tenant
If you have a 6 month lease with the landlord, just because the landlord sold the property (not if foreclosed), you can stay for the remaining term of the lease providing you are current with the rent. There is no such thing as a 20 day notice to vacate.
Re: Tenant
The lease is valid as to a purchaser only if the purchaser has reason to know about the lease--i.e. usually the purchaser should know about the lease b/c the purchaser can look at the house and see you living there which puts an obligation on the purchaser to ask when the lease is up. But if the landlord committed fraud and said it would be up before the 6 months, you very well may have a problem--at any rate, the new owners will have to give you at least 30 days notice before commencing eviction proceedings--more likely, the new owners will insist that you be out of the home before they agree to close escrow. Your landlord cannot evict you on 20 days notice unless you are behind in rent and the notice says to pay or quit.