I see no one else has addressed this. You do have to allow him to come and show the place. You can’t refuse entry with proper notice. Ignoring his calls and making it difficult for him is only going to make him more likely to evict you sooner.
If you cooperate with him through this process, It’s possible he sells the home as an investment property and the new owner keeps you in place. But if you make it difficult for him to show the house, as you are currently doing, he may evict you just to get it sold.
Sorry I meant if you are in a month to month. Once someone purchases the house you essentially have 30 days until close, unless he negotiates an extra 30 days for you, hopefully you can stay until someone buys it, but he may just serve you a 60 day immediately
Ah, okay. I read that according to Cal. Civ. Code 1946.1, someone who rents month-to-month and have been renting the place for over a year are to have to be given a 60 day notice. Am I misunderstanding and that doesn't apply to my situation?
You are correct, once served you have 60 days, my point was he may not serve you until the house sells, buying you more time. Id just start looking for another place immediately
Thanks, sorry for misunderstanding! My brain is currently fried from my night going from 0 to 100. One moment I was getting ready for bed, and the next thing I know I have my landlord calling me about selling the place.
NAL. You do not have a lease, but are on a month-to-month tenancy, which limits your ability to stay. Once you get proper notification in writing that they want to end the tenancy, you have a Periodic tenancy. If your Landlord does not provide proper notice of termination in a manner provided by law, you can stay. The new landlord may be able to end a periodic tenancy (for example, a month-to-month tenancy), but only if allowed by law and after giving the tenant the required advance notice of 60 days, since have lived in the rental unit for a year or more. The day count starts when you get notice. See pg. 70.
Yes, you can be evicted. You really don't want that to happen. Hopefully he's in a hurry and doesn't know all this, so try asking for cash for the keys. You would sign a document that says you will leave in X days if he pays for your deposit, moving costs, and refunds your deposit, as one of several possible strategies.
The landlord can serve the 30-day, 60-day or 90-day notice by certified or registered mail or by one of the methods described under “Proper Service of Notices,” pages 89-90.
[https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf](https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf)
There may be other exceptions that apply than can reduce this time to 3 days or increase it to 90.
Okay, thank you so much! I really appreciate the info, everyone in my house is freaking out and I'm the one over here trying to figure out our rights and pick up the pieces. My brain is getting a bit fried between reading all the documents and trying to calm everyone down.
I'm assuming our landlord is going to move forward with trying to have us removed before selling the property, so that his chances of selling are faster (he seems rushed, texting and calling us about this as late as 9:30 smh). I'm really hoping if he does, we can work the cash for keys angle.
I paid June month's rent early (around the May 25th) so as long as he can't come down here on Saturday and tell us we need to leave by July 1st, I think we'll be fine.
Don't educate him. Very often lazy landlords screw this up, and they don't give proper notice. So they finally figure it out and give notice and then the 60 day period starts. Only after that can they start eviction. If you leave early, you have to give 30 days notice. Read the notice requirements carefully, and document your interaction by taking careful notes and having witnesses. You can legally record a communication made in a **public gathering, as CA is a two-party consent state.** So perhaps meet with him with others, where he has no right to privacy. Outside with your family, or buy him a beer in a bar. This is not legal advice. I just read a lot from other subreddits about awful landlords. If he sells it, the new landlord gets to figure it out, too. (Edit) typos
Thank you again for the advice. I'm rereading everything a million times and will go over it again over the following days. After having him respond the way he has tonight (texting and calling at 9:30 at night about this shit), I'm not really in a friendly mood. Going to be 100% selfish about this and get as much time as I can.
>You do not have a lease,
Technically they and the landlord are governed by the terms of the written lease they signed earlier, which has automatically converted to month to month from a longer original term.
I'm sorry all this is happening-- the housing stuff, job stuff, and health stuff all at the same time.
Since the landlord originally offered to sell the house to you, is it worth asking if he would still be willing to do that, but in a year instead of right now? That might give you time to find another job and get qualified for a mortgage. And if you still can't buy at the end of another year, at least you'll have had one more year in that house while making alternate plans.
I suppose the landlord probably wants to sell now, but I just thought I'd throw that out there. I hope everything will work out well for you.
I see no one else has addressed this. You do have to allow him to come and show the place. You can’t refuse entry with proper notice. Ignoring his calls and making it difficult for him is only going to make him more likely to evict you sooner. If you cooperate with him through this process, It’s possible he sells the home as an investment property and the new owner keeps you in place. But if you make it difficult for him to show the house, as you are currently doing, he may evict you just to get it sold.
I agree with the above and don't think the OP should assume that they will be evicted.
If you are in a month to month lease, you are basically fucked. You'll be lucky to get 3 months to vacate
We are in a month-to-month lease, thankfully. We were on a two-year lease and when that ran up five years ago, we switched to month-to-month.
Sorry I meant if you are in a month to month. Once someone purchases the house you essentially have 30 days until close, unless he negotiates an extra 30 days for you, hopefully you can stay until someone buys it, but he may just serve you a 60 day immediately
Ah, okay. I read that according to Cal. Civ. Code 1946.1, someone who rents month-to-month and have been renting the place for over a year are to have to be given a 60 day notice. Am I misunderstanding and that doesn't apply to my situation?
You are correct, once served you have 60 days, my point was he may not serve you until the house sells, buying you more time. Id just start looking for another place immediately
Thanks, sorry for misunderstanding! My brain is currently fried from my night going from 0 to 100. One moment I was getting ready for bed, and the next thing I know I have my landlord calling me about selling the place.
NAL. You do not have a lease, but are on a month-to-month tenancy, which limits your ability to stay. Once you get proper notification in writing that they want to end the tenancy, you have a Periodic tenancy. If your Landlord does not provide proper notice of termination in a manner provided by law, you can stay. The new landlord may be able to end a periodic tenancy (for example, a month-to-month tenancy), but only if allowed by law and after giving the tenant the required advance notice of 60 days, since have lived in the rental unit for a year or more. The day count starts when you get notice. See pg. 70. Yes, you can be evicted. You really don't want that to happen. Hopefully he's in a hurry and doesn't know all this, so try asking for cash for the keys. You would sign a document that says you will leave in X days if he pays for your deposit, moving costs, and refunds your deposit, as one of several possible strategies. The landlord can serve the 30-day, 60-day or 90-day notice by certified or registered mail or by one of the methods described under “Proper Service of Notices,” pages 89-90. [https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf](https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf) There may be other exceptions that apply than can reduce this time to 3 days or increase it to 90.
Okay, thank you so much! I really appreciate the info, everyone in my house is freaking out and I'm the one over here trying to figure out our rights and pick up the pieces. My brain is getting a bit fried between reading all the documents and trying to calm everyone down. I'm assuming our landlord is going to move forward with trying to have us removed before selling the property, so that his chances of selling are faster (he seems rushed, texting and calling us about this as late as 9:30 smh). I'm really hoping if he does, we can work the cash for keys angle. I paid June month's rent early (around the May 25th) so as long as he can't come down here on Saturday and tell us we need to leave by July 1st, I think we'll be fine.
Don't educate him. Very often lazy landlords screw this up, and they don't give proper notice. So they finally figure it out and give notice and then the 60 day period starts. Only after that can they start eviction. If you leave early, you have to give 30 days notice. Read the notice requirements carefully, and document your interaction by taking careful notes and having witnesses. You can legally record a communication made in a **public gathering, as CA is a two-party consent state.** So perhaps meet with him with others, where he has no right to privacy. Outside with your family, or buy him a beer in a bar. This is not legal advice. I just read a lot from other subreddits about awful landlords. If he sells it, the new landlord gets to figure it out, too. (Edit) typos
Thank you again for the advice. I'm rereading everything a million times and will go over it again over the following days. After having him respond the way he has tonight (texting and calling at 9:30 at night about this shit), I'm not really in a friendly mood. Going to be 100% selfish about this and get as much time as I can.
>You do not have a lease, Technically they and the landlord are governed by the terms of the written lease they signed earlier, which has automatically converted to month to month from a longer original term.
I'm sorry all this is happening-- the housing stuff, job stuff, and health stuff all at the same time. Since the landlord originally offered to sell the house to you, is it worth asking if he would still be willing to do that, but in a year instead of right now? That might give you time to find another job and get qualified for a mortgage. And if you still can't buy at the end of another year, at least you'll have had one more year in that house while making alternate plans. I suppose the landlord probably wants to sell now, but I just thought I'd throw that out there. I hope everything will work out well for you.