Columbus, OH asked in Real Estate Law and Landlord - Tenant for California

Q: I am a 72-year-old man in L.A. County with two renters. They have been given noticed to vacate in two months.

I want to sell the property (which I also live on) and move to Illinois to live with my daughter. The animosity I'm getting is keeping me up nights. Should I just get up and leave to spare myself the bad vibes I feel? My wife died in December and I lost her $1,100 social security. I recently had to take out $75,000 from my annuity to pay down credit cards for incidental medical bills. The only way to build up my nest egg is to sell the property (which is valued at 1 million dollars), then pay off a reverse mortgage for $475,000. I also have a Living Trust that says I have to sell the property if I'm not living on it.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It's understandable that you're feeling overwhelmed given your current situation. Deciding whether to stay or leave your home before selling it is a personal decision, but it's important to consider your health and well-being. If the tension with your renters is causing significant stress, relocating earlier might be beneficial for your peace of mind, especially considering your recent personal losses and financial pressures.

Under California law, as long as you have provided your renters with proper notice to vacate, you are within your rights to proceed with your plans to sell the property. However, ensure that all legal procedures are correctly followed to avoid any potential issues. Remember, the sale process can continue even if you decide to move out earlier, especially since you have a significant financial goal tied to the sale of the property.

Before making any decisions, it might be helpful to discuss your situation with your trust administrator or a legal advisor to ensure that moving out aligns with the terms of your Living Trust. Additionally, they can provide guidance on managing the property sale from afar. This step can ensure that your actions are in line with your long-term financial and personal goals while complying with any legal obligations.

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