Rental Basics in 92109>Question Details

info, Renter in San Diego, CA

Hi, What are my rights as a renter with a month to month lease in San Diego CA after my landlord has sold my apartment?

Asked by info, San Diego, CA Tue Jan 15, 2013

What does the new owner have to legally abide by? Does he have to serve me with a written notice? How long do I have until I have to legally move out and must that owner allow me to continue to live with all utilities intact such as storage, garage space, laundry, hot water etc?

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7
Hi , my stove was not working called the manager said do we have entry
to your apartment i said yes five days had gone by no stove was fixed .
I had to call and inquire she said we had emergency sorry we could not fix it .
said monday someone will be there in the process of them coming out to my apartment it took three
days for the stove to be fixed but then my oven stopped working, I had to call again she said do i have a right of entry i said yes but she never states when their coming into my home what day or time
so they just pop up when they feel like it . But in the process the maintenance man when he had came over for the three days my daughter was visiting for a few days the maintenance man took upon him self to report that some female was coming out of the guest bedroom and was there every time he was there so the manager asked me if someone or a woman was living here by the name Jasimine i have no idea who that person is , I said to the manager i have a right to have family or friends come to my home if they want to spend the night the can do so , she said well if someone else is living there you a violating
your tenant lease agreement they can only stay 5 days i was informed when i moved in they can not stay more then 9 days , I said no one lives here and that was the end of the conversation but they have been finding ways to harass me they also raised my rent two hundred dollars when my boyfriend had moved in when i adding him to the lease they said he cant be on the lease only as a guest because he does not have garnishable income since he is on social security so your rent it going up $200 hundred dollars if he is going to be living here? is that legal in the state of california in san diego.?
0 votes Thank Flag Link Tue Apr 8, 2014
@Jerry - I believe to cut 60 days to 30 days notice, all those conditions need to be met by the landlord, not either this or that....

Civil Code section 1946.1 requires the 60-day notice for tenancies of a year or more unless ALL of the following are true

The dwelling or unit is alienable separate from the title to any other dwelling unit.
The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a licensed escrow agent.
The purchaser is a natural person or persons.
The notice is given no more than 120 days after the escrow has been established.
Notice was not previously given to the tenant pursuant to CC 1946.1
The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.


SO the question becomes what is the intention of the new buyer. Not that the seller is going to show you their purchase contract, but in it, the buyer will declare whether they intend to occupy the property or not. No matter what, this situation is one of those examples of why owning has its advantages over renting. The flexibility factor in renting cuts both ways...and a tenant can be out of their home regardless of how good of a tenant they are.
0 votes Thank Flag Link Wed Jan 16, 2013
Correct, they are connected with "and" not "or"
Flag Wed Jan 16, 2013
Here is information from CA dept of Consumer Affairs
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.201 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;202 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

The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
The landlord must have given you the 30-day notice no later than 120 days after opening the escrow, and
The landlord must not previously have given you a 30-day or 60-day notice, and
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.) 203

The landlord usually isn't required to state a reason for ending the tenancy in the 30-day or 60-day notice (see "Thirty-Day or Sixty-Day Notice"). The landlord can serve the 30-day or 60-day notice by certified mail or by one of the methods described under "Proper Service of Notices".204
0 votes Thank Flag Link Wed Jan 16, 2013
@Hector - being a senator is going to cut into your Trulia time! Good luck!!

@info - your rights under your current lease/rental agreement are still applicable and the new owner needs to abide by that document unless you agree otherwise (ie. they pay you a sum of money to leave early). They also do have the right to ask you to sign a new lease which would go into effect once the old lease/rental agreement expires per a 30 or 60 day notice, which ever is applicable based upon your specific situation. As Elisa states, which notice they are required to issue depends on a couple of factors.

So basically, your rights have not changed due to an ownership change. What potentially changes relative to your interest is the intentions of the new owner - whether you stay or go and whether your rent goes up.
0 votes Thank Flag Link Wed Jan 16, 2013
They must give you a 30 or 60 day notice dependent on how long you have lived there and if the new Buyer intends to occupy the residence
0 votes Thank Flag Link Wed Jan 16, 2013
Info,
Month to month limits your rights to a degree. A landlord, your present or future should give you proper notice and maintain the home in a safe and habitable way. I've attached a link to the California Landlord Tenant Book with a searchable index for you to review. You can find out more about your rights, the proper timetable and who to go to for resolution of any dispute through this. Best of luck.
0 votes Thank Flag Link Wed Jan 16, 2013
dear Info,

First of all, I would suggest you buy a property. Secondly, talk to the owner or Realtor and ask them directly about your contract and status, it is that simple.

Best of luck, btw, its official, I am running for State Senate.
https://www.utsandiego.com/news/2013/jan/15/gop-candidates-e…

Hector
0 votes Thank Flag Link Wed Jan 16, 2013
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