Stockton, CA asked in Landlord - Tenant for California

Q: I am a tenant in a house that my roommate/homeowner passed. I am disabled. What are my rights and can I be evicted?

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

A: As I understand what you are trying to say, you are living in a house owned by your roommate, and the roommate just died. Sorry for your loss. You have the same rights as any other tenant in a property whose owner dies. There will be a period of time (some short, some long) when the property is in a state of uncertainty, then there will be a new owner, who may or may not allow you to live there. If the new owner wants to sell the house or rent it out, they have the right to ask you to leave. If you have been living there for more than one year you will be entitled to at least 60 days notice. You may have additional rights based on the Covid emergency regulations and municipal ordinances where you live. You should seek assistance from a Tenant's rights group, either a Legal Aid society or there may even be a local government office offering you advice and relocation assistance, in your area. Contact an attorney or the local bar association for a referral.

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