I'm renting a single family home in Oakland, California. My lease was a 6 month lease and is now automatically converted (by the lease statement) in a month to month lease. My landlord want sell the house and have find a buyer. The new buyer is asking me when I could move out, and is proposing to find an arrangement to do it sooner rather than later. I'm wondering what are my right regarding this situation. My belief is that selling the house is not a good reason to evict me, but the new owner will be able to evict me with notice if they decide to move in. I would love some precision on this?
2 Answers from Attorneys
If you are in a month to month tenancy, and not covered by a local rent control ordinance, the landlord can evict you after terminating your tenancy with proper notice. Proper notice for a month to month tenancy is 30 days if you have lived in the premises for less than a year, and 60 days if you have lived in the premises for a year or more. The landlord does not have to even use the reason of selling the house. If you wanted a longer term, you should have entered into a fixed term lease for longer than six (6) months.
You are covered by the Oakland Rent Ordinance; so Mr. Roach's answer is correct under state law, but probably not relevant to your situation. Oakland has a "just cause" eviction provision in the Ordinance. It applies to single family homes unless they were newly constructed and first offered for rent after 1980. If your house is newer than 1980, then Mr. Roach's answer is correct. Otherwise the Rent Board has a good info sheet on the Just Cause eviction rules here: http://www2.oaklandnet.com/oakca1/groups/ceda/documents/policy/dowd008121.pdf And you can look up more information and contact the Rent Board here: http://www2.oaklandnet.com/Government/o/hcd/o/RentAdjustment/DOWD008793
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