Rentals in Pacifica>Question Details

Eloa Sharif, Renter in Pacifica, CA

After 12 years of rentig the house, my landlady sent me a letter asking us to move for she wants her son to move in.What are my rights?

Asked by Eloa Sharif, Pacifica, CA Sat Aug 27, 2011

First 2 years had lease, last 10, no new lease. I was never late or defaulted with rent; did many home improvements myself. The notice was dated 8/18 and she wants us to move by 10/01- less thN 60 days. Last 5 years, she has requested to make my checks to Chase Bank(cashier's check)- I think Chase has her mortgage. What are my financial rights? Can I request moving costs? How much? My monthly rent is $1900.00, can not find anything now for less than $2400.00 for same size house. How about deposit?

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It sounds like you have been on a month to month lease after the first two years. Check the California Tenant Landlord Act to be certain but my experience is saying that you should begin packing. If you have agreements where the landlady was going to reimburse you for improvements you made on the property I would take them to an attorney and see if you can be reimbursed. But if you don't have written proof it is very difficult. But only an attorney can tell you that for certain.

For the past few years you have paid $1900 a month when she could have rented the home for $2400? Instead of moving would you rather just have her raise the rent to $2400 a month which you say is the fair market value? If not then why should she rent to you and not get the additional $600 a month rent? Fair works both ways. If I were you I would begin packing.
1 vote Thank Flag Link Sat Aug 27, 2011
You don't have a lease. Simple as that.
Financial rights? Ummmm...you have the right to move.
Sure, you can request moving costs. I can't imagine a Seller giving you them though.
It sounds like you've had a heck of a deal for a long, long time.
I would imagine your deposit will be returned unless you have damaged the home.
0 votes Thank Flag Link Thu Apr 25, 2013
Sounds like you had a sweet deal for too long. You still feel the landlord owe you for moving expense. Renter's mentality these days are take whatever you can. Poor landlords...........
0 votes Thank Flag Link Wed Apr 24, 2013
Hello Eloa, the answers below are correct. Really no rights and all the landlord has to give you is 60-days notice. Hopefully you'll find another home to rent.

All the best!
Web Reference: http://www.ajsocalteam.com
0 votes Thank Flag Link Mon Sep 5, 2011
Unfortunately, this is a rental and it sounds like you are in a month to month contract right now. If you have lived in the property for 12 years, I believe that she only has to give you 60 days. I'm sorry.
0 votes Thank Flag Link Mon Sep 5, 2011
Hi Eloa --

Unfortunately, since you are on a month-to-month tenancy (upon expiration of the lease, it reverts to MTM) the Landlord can give you a 60 day notice to vacate and they are not required to give you any amount to cover your move. The reason for asking you to leave is not important. But you are entitled to get back the deposits collected from you less cost of damages to property (beyond normal wear and tear).

It is a down time for the real estate market but rental rates are going through the roof. Maybe a lease option (or rent to own) may be an option for you?

Wishing you the best.

Francisco
0 votes Thank Flag Link Thu Sep 1, 2011
Hi Eloa,
Pacifica does not have rent control so that is not a concern. Since you have lived in the property for more than one year, the landlord must give you 60 days notice with a very few exceptions. Is the house for sale and in escrow? That makes a difference. There are some great loans out there with 2.75% interest for the first 5 years with only 3.5% down. That way you can buy something that would be less expensive than rent (plus a tax deduction for now.) The rents here have really gone up lately. I wish you the best and I would provide your landlord with the information posted below to educate them a little bit.
0 votes Thank Flag Link Sat Aug 27, 2011
http://www.dca.ca.gov/publications/landlordbook/terminations.shtml says:

WRITTEN NOTICES OF TERMINATION

30-day or 60-day notice

A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30-day or 60-day notice on the tenant. Generally, a 30-day or 60-day notice doesn't have to state the landlord's reason for ending the tenancy. The 30-Day or 60-Day Notice is discussed in Giving and Receiving Proper Notice.

In some localities or circumstances, special rules may apply to 30-day or 60-day notices:

1. Some rent control cities require "just cause" for eviction, and the landlord's notice must state the reason for termination.
2. Subsidized housing programs may limit allowable reasons for eviction, and may require that the notice state one of these reasons (see Giving and Receiving Proper Notice).
3. Some reasons for eviction are unlawful. For example, an eviction cannot be retaliatory or discriminatory (see Retaliatory Actions, Evictions and Discrimination).
4. A landlord cannot evict a tenant for the reason that the water heater must be braced to protect against earthquake damage.

How to respond to a 30-day or 60-day notice

Suppose that the landlord has properly served you with a 30-day or 60-day notice to terminate the tenancy. During the 30-day or 60-day period, you should either move out or try to make arrangements with the landlord to stay. If you want to continue to occupy the rental unit, ask the landlord what you need to do to make that possible. While a landlord is not required to state a reason for giving a 30-day or 60-day notice, most landlords do have a reason for terminating a tenancy. If you want to stay, it's helpful to know what you can do to make your relationship with the landlord a better one.

If your landlord agrees that you can continue to occupy the rental unit, it's important that your agreement with the landlord be in writing. The written agreement might be an attachment to your lease or rental agreement that both the landlord and you sign, or an exchange of letters between you and the landlord that states the details of your agreement. Having the agreement in writing ensures that you and your landlord are clear about your future relationship.

If the landlord doesn't agree to your staying, you will have to move out. You should do so by the end of the 30th or 60th day. Take all of your personal belongings with you, and leave the rental property at least as clean as when you rented it. This will help with the refund of your security deposit (see "Refunds of Security Deposits").

If you have haven't moved at the end of the 30th or 60th day, you will be unlawfully occupying the rental unit, and the landlord can file an unlawful detainer (eviction) lawsuit to evict you.

If you believe that the landlord has acted unlawfully in giving you a 30-day or 60-day notice, or that you have a valid defense to an unlawful detainer lawsuit, you should carefully weigh the pros and cons of contesting the landlord's likely eviction lawsuit against you if you don't move out. As part of your decision-making process, you may wish to consult with a lawyer, legal aid organization, tenant-landlord program, or housing clinic. (See "Getting Help From a Third Party".)
0 votes Thank Flag Link Sat Aug 27, 2011
Eloa, the best way to find the right information is to get the Tenant-Landlord handbook in your local City Housing. Hopefully you're able to find a solution for this matter.
0 votes Thank Flag Link Sat Aug 27, 2011
You will need to consult an attorney to answer all those questions. I will say, however, that in most jurisdictions, when there is no lease, either party may give notice to terminate with notice. Usually, that notice is equal to the term of the lease; in other words, a month-to-month lease (which you have) would require 1 month's notice. I would see no reason that you would be entitled to moving costs or any damages because you may have to pay more rent. It is her house and she may do as she wants with it, as it does not sound like you had any agreement in writing to buy the house from her.

Again, I urge you to seek legal advice from a tenant-landlord attorney in your area, as the local laws will determine the final answer and I am not a licensed attorney in CA.

Jack Gillis, M.B.A., J.D. │ Realtor®
Jack Gillis Realty Advisors
United Real Estate, Broker
5430 LBJ Freeway | Suite 280
Dallas, TX 75240
Cell: 214.718.4910
Email: Jack@JackGillisRealty.com
0 votes Thank Flag Link Sat Aug 27, 2011
If you do not have a LEASE......

Sounds like you've had a pretty sweet deal the last few years.
She doesn't owe you moving,
It's time to change your life,
Work on Wisdom, Strength and Serenity
0 votes Thank Flag Link Sat Aug 27, 2011
easy for you to say... you are obviously not a renter
Flag Sat Apr 16, 2016
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