Home     Law Advice     Insurance Advice     Community    
Landlord / Tenant Issues : Includes Leases, Evictions, etc.
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Landlord / Tenant Issues

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-10-2006, 06:19 PM
Junior Member
 
Join Date: Mar 2006
Posts: 5
Exclamation

The Landlord wants me to Evacuate (help!)


(California State) I have been renting this 2 bedroom, 1 bathroom home for the past 4 years. Myself, husband, son, and 2 daughters. Primarily, the house was under another landlords name. Then, he sold it to one of his family members (a year ago) and decided to still have it for rent, so we decided to stay. But now, he wants us to evacuate the house because he has put it up for sale. There's already a buyer, but we cannot find a place or house that we can afford to rent. What are my rights in this case? Can I fight it? What is there for me to do?

Hint: This house is actually a 3 bedroom home with 2 bathrooms, but the first landlord decided to separate the other bedroom and restroom with a wall, so that he can rent it (is that legal)

- Please help ... thanks

Last edited by Rubi; 03-10-2006 at 06:26 PM.
  #2  
Old 03-10-2006, 06:24 PM
BL BL is offline
Senior Member
 
Join Date: Jul 2003
Location: In the good old US of A
Posts: 14,271
Quote:
Originally Posted by Rubi
I have been renting this 2 bedroom, 1 bathroom home for the past 4 years. Myself, husband, son, and 2 daughters. Primarily, the house was under another landlords name. Then, he sold it to one of his family members (a year ago) and decided to still have it for rent, so we decided to stay. But now, he wants us to evacuate the house because he has put it up for sale. There's already a buyer, but we cannot find a place or house that we can afford to rent. What are my rights in this case? Can I fight it? What is there for me to do?
- Please help ... thanks
US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE

and do you have a Lease ?
__________________
"No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it”
  #3  
Old 03-10-2006, 06:40 PM
Senior Member
 
Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951
Exclamation

YO, Rubi-Tuesday,

You need to answer Sir Blonde's question about if you are on a lease or not.

If you are on a lease, stay tuned for more options.

If you are month to month, you have thirty days to leave after proper written notice is given to you.(It used to be sixty if you lived in a place more than two years but that just changed this year.)


Moving really bites, but you had better start looking more aggressively.

Sorry Charlie.
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.
  #4  
Old 03-10-2006, 06:45 PM
Junior Member
 
Join Date: Mar 2006
Posts: 5
It's not a Lease, but I was told that the landlord is suppose to give me a 3 month period .. to find a home...
  #5  
Old 03-10-2006, 06:47 PM
Senior Member
 
Join Date: Jul 2005
Location: Massachusetts
Posts: 14,598
Quote:
Originally Posted by Rubi
It's not a Lease, but I was told that the landlord is suppose to give me a 3 month period .. to find a home...

If you don't have a lease you are month to month...he need to give you 30 days...it might be 60...but most states are 30 ...
  #6  
Old 03-10-2006, 06:53 PM
Junior Member
 
Join Date: Mar 2006
Posts: 5
Yes, he did leave a note. Notice of Termination of Tenancy
Date: Feb 1 06
terminated in 30 days ... which already has
  #7  
Old 03-10-2006, 06:57 PM
Senior Member
 
Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951
Exclamation

Quote:
Originally Posted by Rubi
Yes, he did leave a note. Notice of Termination of Tenancy
Date: Feb 1 06
terminated in 30 days ... which already has

60-Day Eviction Notice Law Expires on December 31, 2005

On January 1, 2006, for tenants who have resided in the premises for one year or more, landlords who wish to terminate that tenancy are no longer required to give 60-days notice, but only 30-days notice. Civil Code section 1946.1, which required the 60-day notice, was to remain in effect beyond this date only if legislation were passed to extend it. However, such legislation was not passed and, therefore, the notice requirement reverts back to the prior law requiring 30-days notice. Please note that references to the 60-day eviction notice requirement in California Tenants - A Guide to Residential Tenants_ and Landlords_ Rights and Responsibilities (Page 33-34) are no longer correct beginning January 1, 2006.


[url]http://www.dca.ca.gov/legal/landlordbook/[/url]


Get thee to a Ralph's or Albertsons Rubi... sorry you are moving and need the boxes. Unless you can negotiate with the landlord for some more time. You do not want to be a hold-over tenant and get an unlawful detainer filed on you.
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.
  #8  
Old 03-10-2006, 07:08 PM
BL BL is offline
Senior Member
 
Join Date: Jul 2003
Location: In the good old US of A
Posts: 14,271
Did I see Rubi's State is CA. ?

Most State's require notices to be given before the first of the Month , not on it , But I'd like to know the State .
__________________
"No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it”
  #9  
Old 03-10-2006, 07:20 PM
Senior Member
 
Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951
Quote:
Originally Posted by Blonde Lebinese
Did I see Rubi's State is CA. ?

Most State's require notices to be given before the first of the Month , not on it , But I'd like to know the State .



Am I invisible?? <<<<< >>>>>> Are my links not working??^^^^^~~~~~



Hello, the only thing to save our poor Rubi is if she has some kind of subsidised housing that she did not mention.

All questions answered, thread is dead.
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.

Last edited by ENASNI; 03-10-2006 at 07:36 PM.
  #10  
Old 03-10-2006, 07:31 PM
BL BL is offline
Senior Member
 
Join Date: Jul 2003
Location: In the good old US of A
Posts: 14,271
Yep Dead in CA .
__________________
"No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it”
  #11  
Old 03-10-2006, 07:44 PM
Junior Member
 
Join Date: Mar 2006
Posts: 5
Quote:
Originally Posted by Blonde Lebinese
Did I see Rubi's State is CA. ?

Most State's require notices to be given before the first of the Month , not on it , But I'd like to know the State .

it's California
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:55 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.