Legal Question in Landlord & Tenant Law in California

i live in northern california

the house that i rent is on the same property as my landlord. the property is up for short sale,and it sold. she notified me on saturday that i have until friday april 1 2011 to move. i spoke to the realtor with whom the property is listed with and she stated "sorry for such short notice to move" i have not recieved any paper work, legal or otherwise about me having to move. landlord said she was just told the same day we were told. and we have not found a place to move, we are current on our rent.

what should we do we are on a month to month agreement.


Asked on 3/31/11, 11:25 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

You do not have to move. If you have lived in the property for less than one year, then they must give you a written 30 day notice that complies with the law. If you have lived there for one year or more, they must give you a 60 day notice that complies with the law. Because you are month-to-month, they can terminate your tenancy without any reason whatsoever, but they have to provide you with the correct notice. Insist that they do so, then start looking for a new place to live as you will definitely need to move at some point once a properly served notice expires.

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Answered on 3/31/11, 11:33 am
Roy Hoffman Law Offices of Roy A. Hoffman

Depending upon how long you have lived on the property, you are entitled to either a 30 or 60 day notice to quit. Neither the original landlord or the new owner of the property may evict you without first giving you the proper notice. If you do not move, the only thing the former owner or new owner can do is file an unlawful detainer action (a lawsuit) against you. The owner will have to serve a copy of the summons and complaint upon you and you will have 5 days to respond to that summons and complaint. If you do not respond, the owner will obtain a default judgment and writ of possession and you can expect to have a sheriff serve you with a writ and tell you you have 5 days to vacate or they will lock you out. If, on the other hand, you respond to the complaint by filing an answer, a trial will be held (generally within 30 days after your answer is filed).

If you don't move and the owner/landlord calls the police, they will be told that the police cannot do anything because it is a civil matter and must be handled through the courts. Self-help in California is illegal, so If the owner/landlord does anything to lock you out of the property without a court order, you would have a valid claim against the offending party. You should probably talk to a lawyer in your community about your situation to more thoroughly discuss your situation and get the best possible advice.

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Answered on 3/31/11, 11:41 am


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