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    jdperdue's Avatar
    jdperdue Posts: 3, Reputation: 1
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    #1

    May 25, 2009, 03:39 PM
    Landlord must give 30 day or 60 day notice t0 vacate?
    Has the laws changed, and now require a landlord with a tenant of 5 years, in a month to month rental agreement, to give the renter a 60 day notice to move?
    My landlord has sold her house and wants me out in less than 30 days.
    Please help?
    Is there another resource or a state law # I can look up?
    Thanks,
    Jon
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    May 25, 2009, 04:05 PM
    It would help if you told us where you are. :)
    jdperdue's Avatar
    jdperdue Posts: 3, Reputation: 1
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    #3

    May 25, 2009, 04:09 PM
    ~(8( l) Doh!

    Fremont, Cal.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 25, 2009, 04:15 PM
    Here's the law:
    California Tenants - California Department of Consumer Affairs

    Landlord's notice to end a periodic tenancy

    A landlord can end a periodic tenancy(for example, a month-to-month tenancy) by giving the tenant proper advance written notice. Your landlord must give you 60 days' advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more.181 However, the landlord can give you 30 days' advance written notice in either of the following situations:
    • Any tenant or resident has lived in the rental unit less than one year;182 or
    • The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends. In addition, all of the following must be true in order for the selling landlord to give you a 30-day notice

    • The landlord must have opened escrow with a licensed escrow agent or real estate broker, and The landlord must have given you the 30-day notice no later than 120 days after opening the escrow, and The landlord must not previously have given you a 30-day or 60-day notice, and
    • The rental unit must be one that can be sold separately from any other dwelling unit.182a
    So, while you would normally need to be given a 60 notice, because the landlord is selling, they may be able to get away with a 30 day notice.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    May 25, 2009, 04:29 PM

    So it appears that since he sold the house, he only has to give a 30 day notice
    jdperdue's Avatar
    jdperdue Posts: 3, Reputation: 1
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    #6

    May 26, 2009, 09:37 AM

    Thanks all. The answers helped.
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