I have a lease till end of august, Owner want to sell it, do I have to vacate the place if seller ask?

Asked by michel_ford1, San Jose, CA Mon Apr 28, 2014

I been at this house for 5 years now, owner decided to sell this place and he offered me to buy it, I can not buy it, what are my rights?

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5
Murphy Team, Agent, Portland, ME
Tue Aug 11, 2015
Just by virtue of your question you are well advised to consult an attorney. Read your lease carefully to determine if there is a clause allowing the owner to evict you without notice. Most states do not allow this to happen without proper notice.

Many people who have been in a rental for several years have no current lease and are month-to-month tenants. This usually requires the owner to give you 30-days notice from the first of the next month. if he/she gave you notice today you would have until 30 September to vacate.

Not knowing your situation it is difficult to fully analyze your situation. If the owner offered the place to you and you would like to purchase the home, you "may" have an opportunity here. The owner may be able to give you special consideration in the form of a reduced price or to assist in your down payment.
0 votes
Susie Kay, Agent, Dallas, TX
Tue Aug 11, 2015
I would suggest that you read the lease agreement and go from there.

Good luck!
0 votes
James Peters…, Agent, Los Gatos, CA
Mon Aug 10, 2015
The seller does have a right to ask you to vacate but must give you the required notice. Typically leases will state that if not renewed you will stay in a month to month tenancy.

Don't think you can live there indefinitely, but make sure you know your rights as well and check with local tenancy laws to see what kind of notice your landlord is required to give you.
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Huey Nguyen, Agent, San Jose, CA
Mon Apr 28, 2014
To best protect your rights, you should consult with a real estate attorney to see what your best options are and to see what your rights are. There are many government agencies and non-profit organizations who offer free advice to people regarding landlord-tenant matters in Santa Clara County, such as Project Sentinel or the Fair Housing Law Project, who specialize in evictions, etc. but also have expertise regarding home loans, leases/rental contracts.

Good luck!
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Terri Vellios, Agent, Campbell, CA
Mon Apr 28, 2014
http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

The above link gives you your rights. Everything will depend on what your lease states. If your lease expires end of August, and you have been honoring your lease, you should have the right to stay there until the end of your lease.

It sounds like your landlord wants to work with you and give you an opportunity to buy. If you can not afford to buy the home then you could ask if he would be willing to buy you out of the remaining portion of your lease. This may help you get into another lease and allow him to get the home on the market sooner.

My advice to you is to not damage your credit by holding over beyond the end of your lease.

Have you looked into the possibility of purchasing another lower priced property?
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