no rent agrmnt only verbal here 5yrs owner selling gave 30dy says only 20dy for escrow then under new owner is new owner to give notice as well

Asked by drusilla_reyes49, Belmont, CA Fri Apr 12, 2013

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Sue Archer R…, Agent, Palm Harbor, FL
Mon Apr 15, 2013
I'm assuming you are having problems complying with a move within the 30 day timeline? Or are you actually the new owner asking the questions here? There's the law, and then there's people. I think the most direct resolution is for the new owner to talk to the tenant.

By law, (and I'm still thinking it's 60 days but might be wrong) if the tenant is not out by the required time, then the landlord can follow other recourse to remove the tenant but that again takes time, and sometimes money. In all cases, I find it better to talk it over and work out a reasonable solution than trying to use the court system.

The new owner does not have to give notice, but if it makes the intention clearer, no one is saying they can't give notice as well. And second, if I were the realtor, I might suggest that the buyer wait to obtain ownership of the property until the property were free and clear of tenancy when you're talking 10 days....but that's just MY preference. As a new buyer I'd like to see the condition of the property after the tenant has moved.
0 votes
Ute Ferdig, Agent, Auburn, CA
Sat Apr 13, 2013
Whether the new owner has to give notice to you again will really depend on whether the notice given by your current landlord was done properly. Whether you were given proper notice should be answered by an attorney who can review the facts of your case. Trulia is not the right forum to ask legal advice. Even if you were to go to an attorney forum such as http://www.justia.com, you would still have to provide more facts so that an attorney could give you an answer that is based on your particular situation (e.g., does the buyer want to occupy the house, how were you given notice?) as there is no law without facts. Good luck to you.
0 votes
Keisha Mathe…, Agent, Elk Grove, CA
Fri Apr 12, 2013
Drusilla

I answered this the same on your previous post. If I am understanding you correctly, you are saying that, while renting a property which the landlord listed for sale and is now in escrow (if it is in escrow, only a 30 day noice is required, not 60 days) the landlord gave you a 30-day notice. It sounds like you are further stating that part of your 30 days will be completed under the new owner. If that is what you are stating then, according to CA Tenant/Landlord laws (http://www.dca.ca.gov/publications/landlordbook/catenant.pdf), you are required to vacate at the end of the 30 days.

I am not an attorney and am not giving you legal advice, I recommend you read the Terminations and Evictions Chapter starting at page 67 in the link above for furthr clarificaiton.

Regarding the new owner providing you notice, the new owner can enter into a new rental agreement with you at their discretion but I don't believe they would need to provide another notice to vacate while one has already been issued.

Hope that helps.

Keisha Mathews, REALTOR®
CDPE®, HRC®, HAFA® Certified
"SAR Masters Club Member 2012"
Mathews & Co. Realty Group
@ Century 21 Landmark Network
keisha.mathews@century21.com
http://www.SheSoldItForMe.com
(916) 370-1803 cell
lic#: 01439130
0 votes
Maurice Thom…, Agent, Mathers, CA
Fri Apr 12, 2013
I suggest you talk to a lawyer or renters advocate organization for these type of questions. As realtors we are not able to give legal advice. As a suggestion California law states if you were in a property for longer than a year you are suppose to have 60 days to move out. Not 30 days. If you have been there for 5 years you should get 60 days. That is California law. Since you don't have a lease they can give you the notice. Again I am not a lawyer and suggest you talk to any of the above mentioned parties.
0 votes
Tim Moore, Agent, Kitty Hawk, NC
Fri Apr 12, 2013
The reason things are put into writing is to avoid he said, she said confusion. You have confusion because nothing is in writing spelling it all out. If you had a lease the new owner would have to honor it until it expired. I think you will have to go.
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