Stone Mountain, GA asked in Landlord - Tenant for California

Q: At 83 years of age and ill, what can I do if my landlord gave me only 30 days to vacate a rental because they have sold

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2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: First, please be sure you mean to be asking about California law (your post also references Stone Mountain, GA). Second, if you live in an eviction control jurisdiction, you have extra protections. Third, if you do not have an unexpired lease, in addition to planning to sell, the following must also be true, in order to give you a 30 day notice:

1. The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends. In addition, all of the following must be true in order for the selling landlord to give you a 30-day notice:

a. The landlord must have opened escrow with a licensed escrow agent or real estate broker, and

b. The landlord must have given you the 30-day notice no later than 120 days after opening the escrow, and

c. The landlord must not previously have given you a 30-day or 60-day notice, and

d. The rental unit must be one that can be sold separately from any other dwelling unit. (For example, a house or a condominium can be sold separately from another dwelling unit.)

If any of the above conditions is not true, the 30 day notice is not effective to end your tenancy. Even if all is correct, you should contact a tenant's rights organization near you for further help.

Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Please also note that the above answer applies if you have lived there more than a year.

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