Q: I have a rental agreement for the house I live in and found out that it is going up for auction what are my rights?
The home owner is telling me I have to leave and I need to know what my rights are as a tenant after the house sells at auction can I stay till my lease is up?
A:
As a tenant in California, you have certain rights when the property you are renting is being sold at auction. If the property is sold at auction, the new owner will become your landlord and will be responsible for upholding your rental agreement. However, if the new owner intends to live in the property themselves, they may have grounds to evict you at the end of your lease.
Under California law, if the new owner wishes to terminate your tenancy, they must provide you with written notice to vacate the premises at least 60 days prior to the termination of your tenancy. If you have a fixed-term lease, you have the right to remain in the property until the end of the lease term, unless you breach the terms of the agreement.
It's important to note that even if the property goes up for auction, your rental agreement remains valid and enforceable until the end of the lease term. The homeowner cannot simply demand that you vacate the premises without proper notice and legal cause.
If the homeowner is pressuring you to leave before the property is sold at auction, it may be helpful to consult with an attorney or local housing authority to better understand your rights and options.
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