Legal Question in Real Estate Law in California

Answer (1 of 1)

Well, the rights are significant -- but dependent upon several circumstances, none of which is mentioned in your very brief question. In order to answer usefully, we would need to know:

1. Are you on a long-term lease, or month-to-month rental? Lease with option.

2. If it's a lease, did it just expire? No, the option had no expire. 13yrs on lease/option

3. If it's a month-to-month rental, have you been there over a year? 13 years

4. Were you given a written notice? If so, was it properly delivered? Did it specify that you had a right to cure, e.g., by paying rent or correcting some other breach of the lease? Yes, by sheriff, 08/28/13 no breach

5. If what you got was indeed a notice of eviction, was it the first notice you received, or were there previous notices? No previous

6. Any allegations of drug dealing or other criminal activity? None.

7. Anything else unusual about the circumstances? Payed $1200 + rent per month to cover option.

8. Have you had other communications with the manager or landlord, before or after receiving the notice? None.

9. Has there been an "unlawful detainer" lawsuit filed against you? No

10. Is the property residential or commercial? residential

11. Does your community have any rent control or special tenants' rights ordinances? checking

The answer to each of these questions could lead, in turn, to several additional questions.

Sorry I can't give you any more specific response; there are just too many different answers depending upon the circumstances.

NOT helpful:

helpful:

Bryan Whipple

Bryan R. R. Whipple, Attorney at Law

P O Box 318

Tomales, CA 94971-0318

Asked on 9/04/13, 2:32 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law
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One thing that isn't clear from your response is whether you have lived there under the lease for 13 years AND ALSO have 13 years remaining on the lease, for a total of 26 years, which is what I would gather from your answers to #2 and #3, taken together. I think it's a bit more likely that you've lived there (or had the lease) for 13 years, but the questions then remain, (1) how much time before the lease expires under its terms, and (2) what reasons, if any, have been given by the landlord -- or if none, what's your best, honest, guess as to the reason the landlord is attempting to evict you?

There is at least a possibility that the landlord is trying to pull a fast one on you. Maybe the property now has a greater value than the option strike price, and he's trying to muscle you out so you'll be less likely to exercise the option. However, that's just one of a range of possibilities here.

Your situation seems to require direct lawyer intervention and assistance, not just LawGuru (or other Web site) chatter. Evictions from properties where the tenant had a long-term situation, where the tenants don't feel they've done anything wrong, and especially where the tenants had an equity interest (such as an in-the-money option) are inherently suspicious. Also, depending upon what the notice says, fast action may be necessary.

I'd recommend that you contact a lawyer right away, preferably one with a real estate specialization and one near you. I'm in NW Marin County and I'd be happy to review the situation with you, but maybe a local guy or gal is your best bet.

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9/04/13, 4:43 pm

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