Legal Question in Real Estate Law in California
My daughter and I moved into a duplex in March of this year. The owner had a buyer for the 3 unit building and we were told we would not have to move. She asked for my verbal commitment to stay for a year. The sale fell through and there is a new buyer. We have been given 60 days to move out. Now I come to find out there was major water damage in our unit. The unit below needsa $8,000 worth of mold/mildew repairs. I believe this explains the constant headaches my daughter and I suffer from.. Also because the neighbor complained of my dog barking; I had her partially de-barked. It was either that or I would have to move.
Now I have to move anyway. Is there anything I can do?
2 Answers from Attorneys
If you are month to month, without a written lease, then the owner can give 30 days notice to quit, and 3 days notice if rent in not paid. If there is a lease, then it defines your rights and lease term.
An oral lease for one year is valid and enforceable, the problem being proof of its existence. Seems to me, however, that you should be wanting to move because of the health problems.
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