For Rent in 92103>Question Details

Ted, Other/Just Looking in San Diego, CA

For over 10yrs my mother and neighbor have rented two separate but attached units on one property.

Asked by Ted, San Diego, CA Mon Feb 9, 2009

Their landlord who currently lives on the property next door, has decided to sell his house and evict both my mother and lower unit neighbor on adjacent property. The landlord will be moving into both units where my mother and her neighbor currently rent and have given them a 90 day notice to move.

My question: Is giving a 90 day notice sufficient, meeting any necessary requirement for the landlord to evict these ladies or would a moving allowance and buy out also be necessary for their landlord to offer? Both my mother and her neighbor have been renting month to month following their first full years rental - 10 years ago. Thank you.

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Ted

The first thing you have to do is look at the rental agreement. You stated that you mother has rented this property for over ten years. A lot of times when a person rents for this long in the same property they feel they will stay forever and do not sign a yearly rental agreement. Therefore leaving themselves open to the State or municipal laws. Since every state is different you really need to contact an attorney if you can not get the problem worked out with the landlord.
0 votes Thank Flag Link Mon Feb 9, 2009
Dear Ted,

For residential leases the landlord must provide sixty (60) days written notice to terminate any periodic tenancy, if all tenants and residents have been in the property for at least one year (Cal. Civ. Code § 1946.1(a) and (b)).

Best Regards, Jeff
0 votes Thank Flag Link Mon Feb 9, 2009
The executed lease agreement governs what the landlord and tenants notice vacate a property can OR can not do providing notice.

If the tenants are only month to month landlord MIGHT have right to provide 90 day notice. If landlord is within the rights of 90 day notice following agreement per the terms, if tenants stay eviction, locks, damages to landlord, can be allot of drama involved COULD be NOT TO FAVOR of tenants.

Confer with attorney review executed agreement tenant rights
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Mon Feb 9, 2009
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