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Owner is selling home lease is ending soon

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carpediem0

Junior Member
California,




Im tenant and I was wondering if you could help understand my rights. My Landlord is selling, its been listed since October my lease is up on January 1st. Does this mean they can force me to move January 1st? Although the Landlord claims they wouldn't do that and anything after the 1st will be a month to month. I just don't trust them, especially since my original lease when we first moved in was in November 1st with lease ending on 11-30-14 but last year I discovered mold in my kitchen after living in the home for a year. It took them over a month for repairs to be made, and they ended up redoing the countertops as well to improve the over all look of the kitchen. During this time they did not make us resign the lease until 1-28-14 with extension of term to be ending on 1-1-15. with a rent increase of $25. So back in October I asked if we could move in November like our original terms of course they said no and its a 2 way street were both bound in the lease there fore we cant move and they cant sell until lease is up. They claim there trying to sell to an investor but really I think they would sell to anyone that wants it. Once January hits what are my rights or will my family be out on the street only a few days after Christmas. This is what saddens me the most that for there gain its my family's loss of Christmas. Should I start packing now? can we sit it out ?what is cash for keys? Any advice at this point would be wonderful.

Thanks for your time
 


justalayman

Senior Member
they can sell at any time whether the lease is in force or not. The lease would transfer to the new owner though.

as to notice;

what does your lease say about any requirement to provide notice to not renew when the lease runs out?
 

carpediem0

Junior Member
they can sell at any time whether the lease is in force or not. The lease would transfer to the new owner though.

as to notice;

what does your lease say about any requirement to provide notice to not renew when the lease runs out?
Just that lease will terminate as of this date jan. 15 2015. The landlord only made a verbal consent that it would go month to month if it hasn't been sold by that time
 

justalayman

Senior Member
so, if there is no requirement of any notice in the lease, it expires when it says it expires with no requirement by either party to give notice to the other of ending the tenancy.

With that said, although the landlord has given you the statement it will go to a month to month, if he does do that, you would be required to give at least a 30 day notice and the LL a 60 day notice to terminate the tenancy. It would be a bit dicey for this changeover from a fixed term lease to a periodic tenancy. If he simply decides to not rent to you he can demand you leave on the 16 of January and if you don't, he can begin eviction proceedings.

I would want something requiring him to provide you some certain period of time for a notice. If he won't do that, I would plan on being on in the middle of January.
 

FarmerJ

Senior Member
If the property is sold your deposit also becomes the new owners responsibility. If your not sure where it is find your original receipts from when you moved in or documents that show you paid a deposit and make copies of those items and store off site and plan on taking pictures Id suggest now of the general wear and tear of the unit and again if you find your lease is not renewed so you have a record of how it looked in case a new owner claimed damage that you did not do. ( BTW should the property be sold and your given proper notice to vacate ( written notice that meets CA state law ) and a new LL claims they did not get the deposit funds , too bad for them plan for suing in small claims court the new owner.
 

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