Q: Our landlord sent us a letter in the mail stating she is selling the home and needs us to vacate in 60 days. She is ask

A: In California, landlords can indeed ask tenants to vacate to sell the property, and the requirement for notice is typically 60 days if you've lived there for more than a year, which aligns with your situation. Despite the notice to vacate, you are still obligated to pay rent during your remaining time in the residence. Failure to do so could result in legal action against you for unpaid rent. The 60-day notice is a legal requirement for tenancies over a year, making your landlord's request both legal and in accordance with California landlord-tenant law.

A: Under California law, if your landlord provides you with a written notice to vacate due to the sale of the property, you are still obligated to pay rent for the duration of your tenancy unless otherwise specified in your rental agreement. Typically, landlords must provide tenants with at least 60 days' notice to vacate if the property is being sold and the tenant has resided there for one year or more. Therefore, the 60-day notice provided by your landlord is likely legal. However, it's essential to review your rental agreement and consult with a legal professional to ensure compliance with all applicable laws and regulations.

While you are still required to pay rent during the notice period, your landlord cannot demand rent beyond the date specified in the notice to vacate. Therefore, you would only be responsible for paying rent up until the end of the 60-day notice period, unless you reach a different agreement with your landlord. Additionally, your landlord must return any prepaid rent for the period beyond the termination date specified in the notice.

Given that you have resided in the property for nine years, you may have additional rights and protections under California's tenant laws. It's advisable to seek legal guidance to understand your rights, responsibilities, and options regarding the notice to vacate and the sale of the property. An attorney can help you navigate the situation effectively and ensure that your rights as a tenant are upheld throughout the process.

A: I answered your question in another spot and I would like to clarify my original answer because it would depend heavily on whether your home falls under the Tenant Protection Act (AB-1482), which is found in California Civil Code § 1946.2.

Under that act, the final month of rent must be waived. If not, then the landlord must provide two months' worth of rent for relocation assistance. Additionally, if the notice was JUST mailed and was not also posted on your premises in a conspicuous area that is most likely to be found by you, then that would be a defective notice. Any notice of termination of tenancy must either be physically given to the tenant or a person of suitable age and discretion living at the premises (and subsequently mailed) OR the notice can be posted in a conspicuous place on the premises that is most likely and calculated to be found by the tenants AND mailed to the property.

I highly recommend speaking to legal counsel, since your situation involves several nuances under California landlord and tenant law.