Staying beyond lease (extended stay, apartment, renters)

[Bluesnow]

My landlord gave me a 30 day notice (I am on a month to month lease after my original lease expired) to vacate by the end of February. They already have new renters moving in March 1st. It was my intention to do so. However, my husband has had emergency heart surgery and he needs at least six weeks to be in a any sort of position to move. It is almost impossible for me by myself to find a place and organize and make a move as I also have a special needs child that I care for.

Is my only recourse to rely on the landlords consideration to try and buy some time from the new tenants? Do I have any rights to stay on? I have been an excellent tenant so far and do not have the mental energy or resources to fight any battles.

Thanks for your help.

[johnrex62]

Unless there is something specific to medical hardship in California tenacy law, you have no "right" to stay beyond the termination date on the notice.

Your only hope is that the landlord is compassionate, or that you can stretch out the eviction process until you are ready to move.

[Ultrarunner]

Some tenancies require a 60 day notice... also, there may be a provision for disabled seniors... not sure if it just applies in rent control areas.

The other option is simply stay... it could take 6 weeks for the eviction to occur.... of course, your credit will be impacted and it's at least $1200 expense in my city.

http://www.dca.ca.gov/publications/l...inations.shtml

[nightlysparrow]

Offer more money.

[2sleepy]

You are entitled to 60 days notice if you lived there more than a year Guide for Landlords - eviction_housing_selfhelp

[NoMoreSnowForMe]

Originally Posted by 2sleepy

You are entitled to 60 days notice if you lived there more than a year Guide for Landlords - eviction_housing_selfhelp

Right. If you have lived there more than a year, even as a month-to-month tenant, the landlord has to give you 60 days to move.

Beyond that, there are no protections for you, unless you are in rent control or subsidized housing where the landlord must have a valid reason to terminate your tenancy.

If your LL has given you notice, and has someone lined up to move in already, I can only assume the LL wants you, in particular, to get out of his property for whatever reason. So, I wouldn't expect any leniency from him/her.

If you don't move, you'll get evicted probably, and if that happens you'll have a very difficult time finding someone else to rent to you.

So, you'll have to contact your city and county social services to see if they can help you, I suppose. A resource for charities that might be helpful would be found by calling 211 or going to 211.org.

Call 2-1-1

Good luck to you.

[bmw335xi]

It's a tricky situation because the landlord has renters expecting to move in, who knows if they have furniture being shipping, parcel posts, etc... I know if it happened to me and the landlord told me I can't move in and I now have to get a hotel, rent a storage unit, re-route all my belonging, I would be taking him to court and go for every penny I can.

With that being said, I think you should offer the landlord some money, as well as the incoming tenant. That might be enough, if not, why can't you just rent an extended stay hotel or an apartment from AirBnB or something similar?

I really hope your husband recovers with no complications. My mom recently had heart surgery and there was a little scare post-surgery, but everything is going well now. Best of luck to you, sorry about the situation you are in now.

[Electrician4you]

Originally Posted by Bluesnow

My landlord gave me a 30 day notice (I am on a month to month lease after my original lease expired) to vacate by the end of February. They already have new renters moving in March 1st. It was my intention to do so. However, my husband has had emergency heart surgery and he needs at least six weeks to be in a any sort of position to move. It is almost impossible for me by myself to find a place and organize and make a move as I also have a special needs child that I care for.

Is my only recourse to rely on the landlords consideration to try and buy some time from the new tenants? Do I have any rights to stay on? I have been an excellent tenant so far and do not have the mental energy or resources to fight any battles.

Thanks for your help.

If you have been there over 12 months period LL is required to give 60 day notice. In your case I'm assuming you went from a year lease that expired to a month to month. So this applies to you

Originally Posted by bmw335xi

It's a tricky situation because the landlord has renters expecting to move in, who knows if they have furniture being shipping, parcel posts, etc... I know if it happened to me and the landlord told me I can't move in and I now have to get a hotel, rent a storage unit, re-route all my belonging, I would be taking him to court and go for every penny I can.

With that being said, I think you should offer the landlord some money, as well as the incoming tenant. That might be enough, if not, why can't you just rent an extended stay hotel or an apartment from AirBnB or something similar?

I really hope your husband recovers with no complications. My mom recently had heart surgery and there was a little scare post-surgery, but everything is going well now. Best of luck to you, sorry about the situation you are in now.

Well it's not OP's problem the LL did not give correct notice. Or the new tenants are planning on moving in or where the furniture came from. The law states what needs to be done not what you want to do. So imo she doesn't need to offer any money to stay. She simply needs to notify LL that the incorrect notice was given. And LL has to resubmit the notice. Now that's not going to endear the tenant to the LL and most likely won't get them a good recommendation. Btw you need to pay the rent anyway. Be prepared for the LL to try ANY excuse to keep the deposit

As for taking him to court sorry the LL is responsible to give your money back. You haven't suffered any loss. As long as he refunds your money back. Even with a signed lease there is a clause about premises bring ready and not being held liable.

[bmw335xi]

Oh I missed the part that the landlord gave only a 30 day notice. I read it wrong, I thought it was simply 30 days until the move out date. Well, than I think the OP is okay. Just tell the landlord, you need to give a 60 day notice because we have lived in the rental over a year.

[Bluesnow]

Thank you everybody! Bmw, thank you for your kind wishes.

I spoke with my ll and they have agreed to extend the time to the third week of March. With some extra money and paying for next month by the 21st of this month. Well, it is a relief. Much appreciate your help.