I am on a month to month rental agreement, and the house sold and now the realetor representing the bank says I have a couple of weeks at most to vacate. At 4:45a.m. this morning I found a notice to quit taped to my screen door. I am very confussed at this time because it gives me 3-days to move and I found on the internet a new bill of legislation (Bill Number) SB 1137 states that as a tenant( not on the original note) intitles me to a 60-day notice. But then I'm also finding that some legal sights say I only have 30-days. The just house sold back to the Bank on Sept.4th and now I'm expected to move this weekend. What can I do to stay longer.

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Originally Posted by moodswing79

I am on a month to month rental agreement, and the house sold and now the realetor representing the bank says I have a couple of weeks at most to vacate. At 4:45a.m. this morning I found a notice to quit taped to my screen door. I am very confussed at this time because it gives me 3-days to move and I found on the internet a new bill of legislation (Bill Number) SB 1137 states that as a tenant( not on the original note) intitles me to a 60-day notice. but then I'm also finding that some legal sights say I only have 30-days. The just house sold back to the Bank on Sept.4th and now I'm expected to move this weekend. What can I do to stay longer.

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What State?

That sounds like a 3 day notice for fault. Have you paid your rent?

I'm in Calif. And yes my rent is paid, but the realitor representing the bank wants me out so the can try to sell the home fast and make money. Like that's really going to happen since there are at least 30- homes in a three block radis that has been empty and everything has died plant wise and it's been this way for the last 11-months.

I believe CA law says they have to give you at least 30 days notice to terminate the lease. Check out California Tenants - California Department of Consumer Affairs

You can try to negotiate moving expenses with them in exchange for you moving out quickly. Ask for your security deposit plus extra cash at the time you give them the keys. I've heard of others in your situation in CA who were offered "cash for keys".

I'm not an attorney and I'm licensed in Virginia. If you have no lease and you are on "month-to-month", and if you have made timely rent payments, you can expect 30 to 60 days from the date of notice.

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Originally Posted by everwill

I'm not an attorney and I'm licensed in Virginia. If you have no lease and you are on "month-to-month", and if you have made timely rent payments, you can expect 30 to 60 days from the date of notice.

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Here is California Law concerning eviction after foreclosure - OP, as a tenant, appears to have been improperly served as an owner:

"Following foreclosure, California law requires a 30 Day Notice to Quit to evict a NON-OWNER from the premises.

If the unit is occupied by the OWNER, a 3 Day Notice to Quit must be served.
Following the time frame - 30 days or 3 days -
If there was personal service, the Defendant must be respond within 5 days.
If service by any other means (including nail/post and mail) the time to respond is 20 days (an additional 15 days).

If the Defendant does NOT respond a default is requested, usually granted and a Judgment for Possession is signed within 10 days of the default, which Judgment is forwarded to the County Sheriff for action/execution.

If the Defendant DOES answer the complaint, a trial request is forwarded to the court and the trial in the action is ordinarily set within 20 days of such request. If the papers are in order and the Judgment is entered by the court, such judgment is forwarded, in a form of a Writ of Possession, to the Sheriff for execution.

Thus, an eviction that does not involve any delay tactics by the defendant should be completed within 30 to 40 days after the expiration of the Notice To Quit.

As indicated above, once a judgment for possession is obtained, it must be forwarded to the County Sheriff for execution. The Sheriff could take approximately three weeks to actually conduct the lock-out. Adding such additional time to the time necessary for an unlawful detainer action, an Unlawful Detainer action in which the defendant does not use any delay tactics takes approximately one and a half to two months to complete.

Unfortunately, however, the law does afford the defendant a number of different opportunities by which to delay the eviction process. Various motions can be filed by the defendant before the actual answer to the complaint. Each such motion will add week to 10 days to the eviction. After judgment, an Arrieta claim may be filed. Such claim will add week to 10 days. And, of course, there is always the possibility of a bankruptcy filing. In the event of a bankruptcy filing, if filed prior to judgment, a minimum of 40 days must be added to the eviction time.

If filed after judgment, some judges will permit an expedited hearing. In such an event, approximately 3 weeks need to be added. Judges differ in their approach. As to a judge who does not permit an expedited filing, 40 days would be an appropriate estimate."