Landlord is selling the house (real estate, rental, condominium)

[Quaz88]

Good Afternoon everyone,

I have found my self in I will a bit of a situation where I am unfamiliar. I will brake it down for everyone and any help that can be offered would be greatly appreciated.

About 3 months ago my landlord passed away. I was notified by the heirs of the will that she had passed and that the rent could be forwarded to her. I was not terribly worried about this as I have been here for almost two years and I did not care to rock the boat at that point.

The new owners did have a couple of meetings with me and informed me that they were not necessarily wanting to sell the home for about 12 months to a 18 months. They have currently been showing the house and getting appraisals done. The informed my today that they have an offer and are willing to accept it. They handed me a 30 vacate notice and said tough ****.

Now here is my question. I do not have the money right now to relocate. I was expecting this to last much longer and I feel that the are selling my now deceased landlords house, pocketing the half a million dollars and kicking me to the curb with no lube.

This has put me in a territory that I'm unfamiliar with. Can anyone give me some advise on this. What are my rights as a tenant?

[ysr_racer]

Talk to a lawyer but I think if you've lived there more than one year they have to give you a 60 day notice.

Google California evection and you'll get a bunch of hits on stopping an eviction.

[Fighter 3]

Originally Posted by ysr_racer

Talk to a lawyer but I think if you've lived there more than one year they have to give you a 60 day notice.

Google California evection and you'll get a bunch of hits on stopping an eviction.

What is there to not understand ! It's their HOUSE now , they want to sell it rather become landlords.

They have every right to do this, it doesn't matter how long you have there or if you don't have the money to move , 30 to 60 days you will be living on the street or in another apt. .

Get started with the move or put in an offer to buy rather then spending time looking for a way to scam / stall what will happen in the end anyway.

[russlancea]

Are you month-to-month or are you still under a lease? That really matters, but rather than ask us, you should really call the Fair Housing Foundation, ASAP. You only have 30 days or less to resolve this, but one quick call to the Fair Housing Council/Foundation will give you the answer as to what you need to do next.

I have called them and they were very nice. A live counselor listened to my situation and gave me advice to remedy the situation with my landlord. They'll tell you exactly what the law states.

It is the heir's house, but they have to evict you according to the law. Call the Fair Housing people.

[ysr_racer]

Originally Posted by Fighter 3

What is there to not understand ! It's their HOUSE now , they want to sell it rather become landlords.

They have every right to do this, it doesn't matter how long you have there or if you don't have the money to move , 30 to 60 days you will be living on the street or in another apt. .

Get started with the move or put in an offer to buy rather then spending time looking for a way to scam / stall what will happen in the end anyway.

Even us landlords have to follow the law

[Electrician4you]

Originally Posted by Quaz88

Good Afternoon everyone,

I have found my self in I will a bit of a situation where I am unfamiliar. I will brake it down for everyone and any help that can be offered would be greatly appreciated.

About 3 months ago my landlord passed away. I was notified by the heirs of the will that she had passed and that the rent could be forwarded to her. I was not terribly worried about this as I have been here for almost two years and I did not care to rock the boat at that point.

The new owners did have a couple of meetings with me and informed me that they were not necessarily wanting to sell the home for about 12 months to a 18 months. They have currently been showing the house and getting appraisals done. The informed my today that they have an offer and are willing to accept it. They handed me a 30 vacate notice and said tough ****.

Now here is my question. I do not have the money right now to relocate. I was expecting this to last much longer and I feel that the are selling my now deceased landlords house, pocketing the half a million dollars and kicking me to the curb with no lube.

This has put me in a territory that I'm unfamiliar with. Can anyone give me some advise on this. What are my rights as a tenant?

You have very few "rights" as a tenant in this case.
Really makes no difference about the selling not selling you wanting to stay or not. Unless you're on a year long lease and they are breaking the lease they can simply give the right legal notice and you need to move out. It's not YOUR old LL house anymore. It's THEIR house. They can do as they please. Them pocketing 1/2 million or however much is not even a issue.
About the only thing they did wrong was to not give you the correct 60 day notice. Now you can either be a dick back make them wait 60 days as allowed by law or you can make them a cash for keys early move offer. You can also remind them about your deposit and the legal reasons and steps that must be followed or you may look into litigation if the deposit is mishandled.
Sorry but that's the problem with being a tenant in a rental. Without a lease you're 30-60 days away from moving into a new place.

[russlancea]

Originally Posted by Electrician4you

You have very few "rights" as a tenant in this case.
Really makes no difference about the selling not selling you wanting to stay or not. Unless you're on a year long lease and they are breaking the lease they can simply give the right legal notice and you need to move out. It's not YOUR old LL house anymore. It's THEIR house. They can do as they please. Them pocketing 1/2 million or however much is not even a issue.
About the only thing they did wrong was to not give you the correct 60 day notice. Now you can either be a dick back make them wait 60 days as allowed by law or you can make them a cash for keys early move offer. You can also remind them about your deposit and the legal reasons and steps that must be followed or you may look into litigation if the deposit is mishandled.
Sorry but that's the problem with being a tenant in a rental. Without a lease you're 30-60 days away from moving into a new place.

And call the Fair Housing Foundation so you have not just the knowledge above or any info you might find online, you'll have the proper authorities to back up the 60-day notice rule, if that is the case. Call so you know and can start packing

[Fighter 3]

Originally Posted by russlancea

And call the Fair Housing Foundation so you have not just the knowledge above or any info you might find online, you'll have the proper authorities to back up the 60-day notice rule, if that is the case. Call so you know and can start packing

In the State of California , the land lord doesn't need a reason to discontinue renting the home to you, he's only required by law is to notify you in writing of the fact he is taking that action . Even if you were a great renter,

[russlancea]

He doesn't need a reason to evict you, but he needs to give you proper notice. I do not know if it's 30 days notice or 60, but just out of courtesy, they should've given this person fair warning, not tell him they weren't going to sell until at least a year or so away. It takes time to find a new place.

[justinbro2002]

Landlord's notice to end a periodic tenancy
A landlord can end a periodic 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.[SIZE=2]201[/SIZE] However, the landlord must 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;[SIZE=2]202[/SIZE] 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

1. The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
2. The landlord must have given you the 30-day notice no later than 120 days after opening the escrow, and
3. The landlord must not previously have given you a 30-day or 60-day notice, and
4. The rental unit must be one that can be sold separately from any other dwelling unit. (For example, a house or a condominium can be sold separately from another dwelling unit.) [SIZE=2]203[/SIZE]