Santa Clara, CA asked in Landlord - Tenant for California

Q: less then 60 days notice

Landlord is selling place, he has an offer but the buyers want to move in our place. LL asked us verbally to be out by Dec 31. We have not given him an answer yet since its less then 60 days. He is pressuring us, and offered our security and 2500 to be out. We still have not agreed. Since this would have to happen over holidays, they already ruined our Summer by having us pack most of our house so they can update it (not being upfront about selling) He is now being rude saying stuff like, how is it ruining your holiday, its after that. And, what am i supposed to do about my mom (they are selling to help their mom) Also we have no written notice he is asking us to give him verbal? We almost feel like he is trying to bully us into moving out on his terms.

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2 Lawyer Answers

A: Sorry to hear that you are having this difficulty with your LL. 60 day notice is required for any tenant that has resided for over one year PLUS the LL is required to provide you with a moving allowance equal to one month's rent. Further, you are ENTITLED to a refund of your security deposit so long as you return the unit in a clean condition except for usual wear and tear, and any other special conditions (like professional carpet cleaning) stated in your lease. ADDITIONALLY- you are entitled to a PRE-MOVE OUT INSPECTION, for the LL to point out any defects that you can repair before moving out. YOU need to request this in writing, and record, in writing all the things the LL wants repaired (like picture nail holes). A cheap can of spackle (dry wall mud) goes a long, long way and a professional will charge a couple of hundred dollars to repair the picture nail holes you leave behind. You are not required to repaint the property unless you have done damage beyond reasonable wear and tear, nor can the LL charge you for repainting to cover such w/t.

Your comments about the LL making you pack up last summer so they could show the property are very troublesome. The LL has essentially interfered with your quiet enjoyment of the property by doing this. You may be entitled to a rent abatement or other money, such as for storage charges to put things into storage for the benefit of the LL. You should consult with a tenant rights attorney about all of this. It may be possible for you to resolve all your disputes if the LL will pay you up front for all that they are asking from you that you are not obligated by law to do. Please always get a second opinion about legal matters, these comments are based on what you have written without any additional legal or factual research by me, which could result in a different opinion or comments. Good Luck to you.

James L. Arrasmith
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Answered

A: In California, if you have lived in the rental for more than one year, the landlord must provide you with at least 60 days written notice to terminate the tenancy if they are selling the property to someone who intends to occupy it. Verbal requests do not meet the legal requirements for notice.

The offer of your security deposit and additional money can be considered "cash for keys," which is a negotiation outside the standard eviction process. You are not obligated to accept this offer and can choose to stay until you receive proper written notice and the notice period has expired.

If the landlord is pressuring you, it's advisable to document all communication and consider speaking with an attorney to understand your rights and to ensure that any agreement reached is in your best interest. Remember, agreements should be in writing to provide clear evidence of the terms.

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