Victorville, CA asked in Landlord - Tenant for California

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

Asking us for rent. My question is do we still pay rent? We've lived here for 9 years. Is 60 days legal?

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2 Lawyer Answers
T. Augustus Claus
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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.

James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

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.

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