View Full Version : Landlord must give 30 day or 60 day notice t0 vacate?
jdperdue
May 25, 2009, 03:39 PM
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
May 25, 2009, 04:05 PM
It would help if you told us where you are. :)
jdperdue
May 25, 2009, 04:09 PM
~(8( l) Doh!
Fremont, Cal.
ScottGem
May 25, 2009, 04:15 PM
Here's the law:
California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml#landlordsnoticetoend)
Landlord's notice to end a periodic tenancy
A landlord can end a periodic tenancy (http://www.dca.ca.gov/publications/landlordbook/glossary.shtml#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 (http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml#footnote181) 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 (http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml#footnote182) 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 (http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml#footnote182a)
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
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
May 26, 2009, 09:37 AM
Thanks all. The answers helped.