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Shari Hernan…, Renter in Los Angeles, CA

My over 10-yr rental is now up for sale. Never had a rental agreement. Owner now wants month-to-month agreement signed. Should I be concerned?

Asked by Shari Hernandez, Los Angeles, CA Sat Sep 7, 2013

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No, there should be little reason for concern. The owner must have a lease in place in order to sell the property. No buyer will assume your tenancy without a written lease. What others have said about your rights in terms of maintaining the features of your current arrangement is true. HOWEVER - if the owner truly wants to sell and you refuse to sign a lease, he can just give you notice, cancel your verbal agreement and evict you if you refuse to move out.
If you're truly concerned about how you might be treated in this process, I recommend you speak with an attorney.
1 vote Thank Flag Link Sat Sep 7, 2013
Hi Shari...

if you live in the city of Los Angeles and your rental unit was built prior to 1978 and if there are two more! units on the property, then most likely you are covered under the City of Los Angeles Rent Stabilization Ordinance.

When you enter into a lease or rental agreement, it is usually for a time period of 1 year (or what ever period is agreed upon), then after the expiration of that period, the lease reverts to a month to month term, unless you renew the lease.

Signing a month to month lease would be a continuation of your current lease, and it would put writing what your terms are...rent amount, parking, pets, occupants, who pays for what ie: water, electric, gas, trash, gardener, etc.)...all terms are spelled out. Make sure to have your security deposit reflected too.

You can also call the City of Los Angeles Housing Authority for assistance and your rights.

866 557-7638

Good luck.
Kat
1 vote Thank Flag Link Sat Sep 7, 2013
Good evening Shari
If its the present owner which I assume to be the case, and all the terms in the lease are the same as before you shouldn't be concerned. It would seem that the owner just wants to document the rental income for the sale. If you didnt't have a lease then by default you are considered to already have a month to month lease. Feel free to ask more at antony.gabriele@gmail.com
Antony Gabriele
Realtor BRE#01739922
(310)686-1109
1 vote Thank Flag Link Sat Sep 7, 2013
Good evening Shari
If its the present owner which I assume to be the case, and all the terms in the lease are the same as before you shouldn't be concerned. It would seem that the owner just wants to document the rental income for the sale. If you didnt't have a lease then by default you are considered to already have a month to month lease. Feel free to ask more at antony.gabriele@gmail.com
Antony Gabriele
Realtor BRE#01739922
(310)686-1109
1 vote Thank Flag Link Sat Sep 7, 2013
If a rental contract is not 1 year in length or longer he cannot legally evict you for not signing one.
It is NOT required by California law to have a written rental contract if the term is under 1 year.
0 votes Thank Flag Link Fri Sep 13, 2013
Hello Shari,

The fact that you have lived in this property for 10 years with no written agreement is a bit odd.

Since you know for sure the place is going to be sold, you need to prepare yourself for the chance you will have to move.

The buyer can stipulate the property be delivered to them VACANT, in which case your landlord will have to have you move out prior to closing escrow.

Sounds ,like the current owner is trying to do something now they failed to do 10 years ago.

Did you pay a security deposit? If so, dig out your proof of paying it. You may need it.

Best o Luck to You!!

Kawain Payne, Realtor
0 votes Thank Flag Link Tue Sep 10, 2013
Shari,
You have been renting for 10 years with no rental agreement. Subject property now up for sale. If owner asked for 1 year lease the new owner would have to respect the one year lease. If a month-to-month agreement is signed the same applies. New owner only has to respect month-to-month agreement and give notice for vacancy at end of month-to-month agreement. Or with month-to-month rental period is only every 30 days. I would check with Los Angeles Rent Control to verify your renter's rights.

Gail Mercedes Cole
EXP Marina del Rey
310.853.9933
0 votes Thank Flag Link Sun Sep 8, 2013
Wow! You are all so fantastic! Really appreciate all of your responses and setting me at ease. Thank you!
0 votes Thank Flag Link Sun Sep 8, 2013
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