[bellemisere]

One of my friends recently received a 60-day notice of eviction from their landlord in California. It's kind of a weird situation actually, so here's some info.

They (2 people/2 rooms) originally were renting rooms in the landlord's house at 600 a month, but the landlord stopped paying the mortgage and eventually told the renters that if they would pay the utilities (which were covered in their rent, according to their lease) that he would count that in place of the rent. So basically, "You pay all the bills, and back owed bills, and you don't owe me rent since I'm probably losing the house anyway."

They have done exactly as they were instructed, as they agreed to these new terms.

Now all of the sudden, they get this notice because their landlord, who recently moved out of the home, is apparently getting married. But then again, he has no just cause. I've looked for hours now, and I have found answers from people saying that they can't terminate your lease early to sell the house unless you breech it, but nobody cites where the code is, or which code its from.

I really need to know exactly what civil code, etc tells you that this is true. Please, please help me.

[OFWGKTA]

They can only break the lease for damage, behavioral issues and other issues pertaining to violations of the lease. They cannot simply end a lease at their discretion. They can be sued for that.

The code is 1951.2

[ScottGem]

You left out the most important piece of info here. When does the lease expire? It sounds like they have been in this house for awhile. Unless they have a written lease that specifically states it expires at some date more than 60 days in the future, then the landlord may be within their rights to give them a 60 day vacate notice.

By the way 1951.2 is the wrong cite. Also a LL can't be sued successfully for giving an invalid notice. They can only be sued for forcing the tenant to move by doing things like shutting off utilities or physically removing belongings. A notice to vacate is only the first step in the eviction process. If the tenant doesn't vacate they have to file for an eviction order which means a court hearing. If the LL is trying to terminate before the lease expires, then the eviction order won't be granted.

[bellemisere]

You left out the most important piece of info here. When does the lease expire? it sounds like they have been in this house for awhile. Unless they have a written lease that specifically states it expires at some date more than 60 days in the future, then the landlord may be within their rights to give them a 60 day vacate notice.

By the way 1951.2 is the wrong cite. Also a LL can't be sued successfully for giving an invalid notice. They can only be sued for forcing the tenant to move by doing things like shutting off utilities or physically removing belongings. A notice to vacate is only the first step in the eviction process. If the tenant doesn't vacate they have to file for an eviction order which means a court hearing. If the LL is trying to terminate before the lease expires, then the eviction order won't be granted.

Sorry, they have lived in the house for 2 years and they have another 4 years remaining in the written lease.

[ScottGem]

A 6 yr lease? Are you sure about that? A lease term of 6 years is very unusual. Especially for someone renting rooms not the whole house.

[bellemisere]

A 6 yr lease? Are you sure about that? A lease term of 6 years is very unusual. Especially for someone renting rooms not the whole house.

Very sure. I've seen the original lease, which was notarized. They were good friends when they moved in together, but now he's selling the house because he's getting married but wants them out 4 years early. o.o

I really need to find out what code, if any, says that he can't do that since they have been paying the equivalent of rent the whole time.

[ScottGem]

I'm afraid the news is not good. This site details the reasons a landlord can terminate a lease early. Brochure - How a Landlord can end a Tenancy

If the reason is because he's getting married and wants to move back in that is allowed.

[bellemisere]

I'm afraid the news is not good. This site details the reasons a landlord can terminate a lease early. Brochure - How a Landlord can end a Tenancy

If the reason is because he's getting married and wants to move back in that is allowed.

Oh no, he's not wanting to move back in. He's just getting married and wants to sell the house before the wedding so that he has a money for the wedding. He's not intending to make it his family home.

[bellemisere]

I should also mention, he does not actually have a buyer for the single family dwelling yet. So the purchaser hasn't made any demands either.

[ScottGem]

Then that site should help them. The reasons allowing a landlord to terminate a lease are specific and laid out on that site.

[LisaB4657]

I'm afraid the news is not good. This site details the reasons a landlord can terminate a lease early. Brochure - How a Landlord can end a Tenancy

If the reason is because he's getting married and wants to move back in that is allowed.

Scott, this brochure is for Ontario, Canada.

To the OP:

I have looked through the California Civil Code and have not found any specific law that says the landlord cannot terminate the lease in the situation you've described. However, it is basic contract law that parties to an agreement may not break it unless one of the parties has breached. The California Civil Code lists several situations where one of the parties may terminate a lease and, by implication, if your situation is not listed there then the parties may not terminate.

[ScottGem]

Scott, this brochure is for Ontario, Canada.

Whoops, I specified CA in my search. Didn't look carefully, sorry.