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
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.