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advisemeplease · Oct 23, 2007, 07:42 PM

The house that I am currently renting is going to be put on the market next week. I am looking for someone to clarify some of the research that I read regarding tenants' rights in California.

I read that I must be given a written notice 60 days in advance to end my periodic tenancy. Also, my lease is still valid through the sale and that the future buyer/owner of the property shall be responsible for ending the periodic tenancy with me once the transaction is completed will the current owner.

The current owner is also required to transfer my $2600+ security deposit to either the new landlord or to me following the sale. If the current owner doesn't report this to the new landlord or to me, then the new landlord will be responsible for returning my security deposit once I move out.

Please advise me as to how big of a mess I have unluckily fallen into and what I should expect to happen.

Thanks

ballengerb1 · Oct 23, 2007, 08:06 PM

Are you on a month to month lease? California renters laws are a bit hinky but lets start with my question, month to month?

advisemeplease · Oct 23, 2007, 08:09 PM

Yes, my year lease has turned into a month-to-month lease. I read that the CA law has been updated in 2007 so that landlords need to give 60 days instead of 30 days for terminating the lease. Thanks for any words or comments...

ballengerb1 · Oct 23, 2007, 08:41 PM

I knew about the changes in CA and have not kept up but I think you are correct. To be sure try googling the new CA renters laws. I'd get better clarification about who is holding or not holding your depoist after the sale.

excon · Oct 24, 2007, 06:22 AM

Hello advise:

You're in no more of a hinky situation than you are with your month to month rental arrangement.

If your landlord (present or future) wants you to be out, all they need to do is give you notice (30/60 day's I don't know - California is weird).

You don't need to concern yourself with whether the buyer transfers your deposit to the seller. Even if he was neglectful in collecting it from the seller, the buyer IS responsible for your deposit, because at the time you're vacating, HE'S your landlord.

excon

ScottGem · Oct 24, 2007, 06:29 AM

I agree with excon, very little has or will change as far as you are concerned. The only real change that you are concerned with is where you send your rent payments. Otherwise you are in the same situation. You have a periodic tenancy that can be terminated with proper notice by either party. The current landlord is responsible for returning your deposit.

What I would find out, if I were you, is whether the current owner is marketing the house as a rental property or not. If not, then the likelihood is you will have to move once the sale is complete. In that case, I would start looking now. However, if its being sold as a rental property, then the new owner is likely to want to keep it occupied.

advisemeplease · Oct 24, 2007, 10:35 AM

Thanks... I am looking for a new place. The home will be sold for over a $million and my rent is $2,000 which doesn't sound like a normal rental property investment in terms of cash flow.

I just wanted some extra words on the timing and my cash deposit. Thanks again