Crescent City, CA asked in Landlord - Tenant and Real Estate Law for California

Q: what are our rights when it comes to landlords selling the house?

We are on a month to month lease. Our landlord is selling the house. We communicate directly through the real estate agent and not the landlord. She uses Facebook to communicate with us. She doesn't give us proper 24 hour notice and she's shows the house on the weekend. They force us to sign a paper about covid-19 every time they show the house. Stating that we were taking precautions and that if we got sick they are not liable. If we don't sign then we can be evicted. Please can someone give me some insight. Thanks you. Oh and we keep asking for a do not disturb tenant sign and they still haven't given us one. They have told us a few time to purchase our own.

1 Lawyer Answer

A: Many of your rights are set forth in the rental agreement, such as the amount of notice by the realtor showing the property. You should send written notice to your LL that the realtors are violating the rental agreement provision of advance notice by just showing up without advance notice. Showing on the weekend is allowed, with notice. You have the right to the quiet enjoyment of hour home. You do not have to sign any COVID release, this is nor required by law. You might consider insisting that anyone entering your home be wearing a mask and you have the right to refuse entry of anyone who refuses to comply, you do not have to expose yourself to a deadly disease so that the owner can sell the house. If you have been living there for more than a year, you may be entitled to a 60 day notice of termination of tenancy, but if you are month to month only it could be just 30 days. As a practical matter, the owner will probably not want to evict you because that will cut off his income while a sale is pending.

There is no guarantee that any of the above will work, and none of this is binding on a judge, who may have a completely different view.

You should definitely contact a tenant's rights or eviction defense attorney in your local area for a complete review.

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