San Jose, CA asked in Real Estate Law for California

Q: Can we continue staying in our rental property post giving a notice of vacating?Unable to extend as deemed for renovatio

Our lease with our current rental property that we stayed in for 3 years was up on 24-Jun,18. Since we did not get our new home closed by then, we renewed the lease on a month to month basis, until 24-Jul,18. We also gave them a notice that we will be vacating by 24-Jul,18.

However, our home is still not close to being handed over to us and hence we requested the rental property another 2 months of extension, 2 days after our 30-day notice deadline. They refused saying that they have deemed our apartment for renovation and that cannot change.

We are expecting a baby in the next 4 weeks and don’t want to move anywhere during such a time. Despite requesting them several times, they did not budge. They even refused to let us talk to the higher management.

How can we stay there without getting into any legal trouble?

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1 Lawyer Answer

A: It may be that the owners of the property have their own plans for he house, and might have their own timeline to meet. It would be nice if they would give you the extra two months, but the probably have the right to get you out at any time if they properly served you with a 3-dan Notice. If you stay there you risk them filing an unlawful detainer action against you. You might try sending them two months rent and continue staying there for those extra months. If they file a UD action, and you have to go to Court, a Judge might be sympathetic with your situation, and rule in your favor, especially if they keep the extra two months rent. Hope it works out.

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