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Landlord eviction due to selling property (California)

Landlord eviction due to selling property (California)

Old Jul 20th 2020, 11:30 pm
  #1  
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Question Landlord eviction due to selling property (California)

Hello All,

We signed a 12-month residential lease in May in California. Our Landlord now wants to sell the property in August. What are our options?

We have already paid 3 months' rent + security deposit. The property is a single-family home, entirely occupied by us (Tenants).

The residential lease agreement mentions in clause 2) "TERM" the following: "If Landlord elects to void the lease, Landlord shall refund to Tenant all rent and security deposit paid". Does this apply to us? Can we get back all monies ever paid to Landlord?

In addition, under California's "Rent Cap and Just Cause Addendum", we found language that imply that are entitled to the "right to direct payment relocation assistance equal to one month of the tenant's rent". Can we take advantage of this, in addition all the monies returned?

Thanks!
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Old Jul 21st 2020, 12:34 am
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Default Re: Landlord eviction due to selling property (California)

Originally Posted by destone View Post
Hello All,

We signed a 12-month residential lease in May in California. Our Landlord now wants to sell the property in August. What are our options?

We have already paid 3 months' rent + security deposit. The property is a single-family home, entirely occupied by us (Tenants).

The residential lease agreement mentions in clause 2) "TERM" the following: "If Landlord elects to void the lease, Landlord shall refund to Tenant all rent and security deposit paid". Does this apply to us? Can we get back all monies ever paid to Landlord?

In addition, under California's "Rent Cap and Just Cause Addendum", we found language that imply that are entitled to the "right to direct payment relocation assistance equal to one month of the tenant's rent". Can we take advantage of this, in addition all the monies returned?

Thanks!
Your landlord has rights

So do you! See here: https://homeguides.sfgate.com/tenant...old-48023.html

Also - dive into some of these links: https://www.google.com/search?client...UTF-8&oe=UTF-8

https://www.nolo.com/legal-encyclope...g-tenants.html
This is a great web site. You can trust it and their publications - which I've used and would recommend. Amazon sell their books and you can often read some of the content on their site without actually purchasing the book

Good luck

Last edited by MMcD; Jul 21st 2020 at 12:50 am. Reason: fixed link
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Old Jul 21st 2020, 12:40 am
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Default Re: Landlord eviction due to selling property (California)

What has your landlord said? Has he offered anything? Do you have any sort of dialogue with him?

I believe that the "all" is the moneys you have paid for which you have not received value, i.e. the money prepaid. So if you have paid for May, June, July, August, and September, and the lease is terminated on July 31, then you should get back the prepaid rent for August and September, plus any part of the deposit not used to make good any damage to the unit.

Last edited by Pulaski; Jul 21st 2020 at 2:11 am.
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Old Jul 21st 2020, 1:37 am
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Default Re: Landlord eviction due to selling property (California)

Originally Posted by destone View Post
Hello All,ts).

The residential lease agreement mentions in clause 2) "TERM" the following: "If Landlord elects to void the lease, Landlord shall refund to Tenant all rent and security deposit paid". Does this apply to us? Can we get back all monies ever paid to Landlord?

I!
Why would it not apply to you?... you are the Tenant and you have paid rent and security deposit. From the sounds of that clause ALL should be returned to you as he, landlord, has broken the lease.
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Old Jul 22nd 2020, 1:02 am
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Default Re: Landlord eviction due to selling property (California)

I think the term only applies before you move in. After you moved in you should be able to stay for the term of the lease, otherwise you do not have a lease at all. A contract must be fair to both parties to be legal. If the landlord is allowed to void the lease whenever he feels like it but you cannot, then its is inherently not fair. Therefore I suspect that term has no legal standing whatsoever after you have taken possession and I doubt that a court would allow the landlord to evict you during the term of the lease simply because he wants to sell. As Pulaski said, why not talk to the landlord and see what he will do for you. Clearly he wants to sell and may even already have a buyer. Either way it is likely that he will want you to move with minimum fuss. In these circumstances given that he wants you to move out, I would ask for a full return of the deposit, moving costs and any increase in rent for your new place versus the current place for the remainder of the lease (for an equivalent place). I would also ask for a months rent free for the considerable inconvenience to you. I am a landlord, and although I would never do what yours is doing to you, if circumstances were such that I had not choice but to sell unexpectedly in the middle of a lease I would consider that fair.

Last edited by Glasgow Girl; Jul 22nd 2020 at 1:07 am.
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Old Jul 22nd 2020, 4:35 am
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Default Re: Landlord eviction due to selling property (California)

A landlord has no right to play around with a tenant like this. Unless he has an exceptional reason and offers considerable compensation I wouldn't go along with this.
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