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jtrent68 · Jan 7, 2006, 06:15 PM

I'm new to this fourm so I'm not sure if I'm posting this on the right thread. If not if someone can redirect me that would be great.

We are in a house that we have been renting. It started as a buy. The escrow was for 90 days and the owners were renting the house to us until the escrow closed. The loan did not work out like we thought it would. So the owners agreed to rent until we got our credit scores up to where we can get our loan. Part of the problem is that we have our own house in another city we are trying to sell. None of this may have anything to do with my question but I added it anyway. The question is, we were served with a notice to terminate last Wednesday. Everyday we have been getting a new notice. It states on there 30 days or Feb 4, 2006. Which ever is later. What is the best thing to do? Leave by Feb 4?

Thanks

Fr_Chuck · Jan 7, 2006, 06:26 PM

Well first of course a person can do a lot of things but if you want to do what is proper, if you are asked to leave and given a good notice that would be the proper thing. (I would assume the other party is going to try and sell the house again)

But in general the best thing to do, since it appears you have a nice owner, since they allowed you to rent for a while, is to talk to them and see what can be worked out and/or work out a move out date that works best for you.

jtrent68 · Jan 7, 2006, 06:41 PM

I should add that I live in California. I know the laws vary from state to state.

I know the nice thing to do would be to leave as soon as possible. But they haven't been excatly real nice. We never have even met them. Communication has all been through the real estate agent. I know I can make it seem like everything is their fault but I know that would all be hearsay. They have put us on a big roller coaster ride. Before the 90 days were up they wanted us out at one point in 3 days. That would have been Christmas eve. With 4 kids that would have not been fun. Than they turn around and say they want to work with us until the loan works out. Not it's out again. And without even telling us we get a notice from the sherrifs department. And like I said we get one everyday. It's starting to get a little stressful. Just to add they said if the house is not in perfect condition they will take it to court. The house will be clean. Nothing needs to be repaired. The house will be in better condition than when we moved in. They left it pretty messy. With trash all over and stuff to be hauled off to goodwill. They won't have any of that to deal with. I just don't want them coming back saying we left a mess if we didn't. So I'm not sure what we should do about that.

Thanks

Fr_Chuck · Jan 7, 2006, 06:44 PM

It appears it is an eviction notice from the court( since the sheriff office brought it over) while you could take them to court and try to get a longer time,

I am saying this more as a pastor and not from a legal view point,

Do yourself and your family a favor and move out on your own,
I will pray that you find a nice and afordable place to live

jtrent68 · Jan 7, 2006, 06:48 PM

I could be wrong but I don't think it's an eviction notice from the court. It's all hand written by the owner. No legal stamp or anything on it. I believe she has a friend or relitive that works for the sheriffs office who has been dropping it off for her just to put a scare into us. Which it's doing.

jtrent68 · Jan 7, 2006, 06:53 PM

I should also add that on the notice she has a lot of misspelled words. If it was from the court I think it would have been done properly.

CaptainForest · Jan 7, 2006, 11:54 PM

Then do not move out.

Until you receive an actual eviction notice, you don't have to leave.

bausman · Jan 20, 2006, 08:12 PM

What does your lease say? I don't know California law, nor am I a lawyer, nor am I offering legal advice. In my state, if there is no written lease and the owner accepts rent, then it is considered a month to month lease. It can be terminated by either party, in writing, with 30 days notice.

I do know that California is very tenant friendly and it is very hard to get someone out who wants to stay. Having said that, get a copy of the laws governing the landlord-tenant relationship and read them - it will tell you what you both can and cannot do.

It appears that the owner is providing you with 30 days notice. Get a copy of the landlord-tenant laws and it will spell it out for you very clearly what you can do. They should be posted online somewhere by the California State Legislature.

If you stand to lose money over this, get a lawyer involved immediately.

I hope this helps...

Carvel