Urgent advice needed!

10 Replies

Would contact a RE lawyer about this, but given that it's weekend, I wanted to ask here first, since it's urgent:

We're in Los Angeles, in a single family NON RSO property. Have lived here 2.5 years. Everything in good standing, great relationship with our landlord. She decided to sell 2 weeks ago, the property has already sold, to a cash buyer. (We're assuming an investor) 

All of a sudden our landlord has offered to give us double our security deposit money back and 'the full 60 days'. Do we have a right to a relocation assistance fee, even though the property isn't in a rent controlled area? 

@Paula D. - so you are a tenant and the property was sold and the new owner is trying to buy you out? 

Check your lease, unless there is a kick out clause upon the sale of the property the new owner has to honor the full term of the lease.  

So say you have 9 months left and they want you to move in 60 days, you can negotiate whatever you want with them to leave early.  

I agree with @Brie Schmidt . Your existing lease transferred with the sale of the property. All the original terms and conditions remain in place unless you decide to negotiate something different with the new owner.

If they want the property, make them pay for it. If it will cost you $10,000 to move then ask for $10,000. Keep in mind you'll probably have to pay your own moving costs at the end of your lease anyway so moving early is more of an inconvenience than an expense. Ask for a reasonable amount to make your transition easy and smooth and they are likely to pay it.

I should’ve clarified: After the one year lease it turned automatically in a month-to-month lease. Does this have an effect on it?

We haven’t had any contact with the new owner. It’s been our original landlord we’ve been dealing with.

If your month to month land lord owes u nothing. Your lease contract has ended, either party van part ways now. As renter u have no protection on month to month. It provides basic set rules and flexibility to leave for you and flexibility for landlord. The 60 days is generous, i would have giving u 30 days.

I'm not familiar with CA law, but if lease is now month-to-month  (in most places), you have no right to the property beyond 30 days notice, so 60 days and double Security Deposit is VERY generous! Take it happily before they change their mind, as while I would also give 60 days notice in such a situation, I would certainly not give double security back.

California law does require a 60 day notice, since it's been over a year. Thanks for all the advice!

Originally posted by @Paula D. :

Would contact a RE lawyer about this, but given that it's weekend, I wanted to ask here first, since it's urgent:

We're in Los Angeles, in a single family NON RSO property. Have lived here 2.5 years. Everything in good standing, great relationship with our landlord. She decided to sell 2 weeks ago, the property has already sold, to a cash buyer. (We're assuming an investor) 

All of a sudden our landlord has offered to give us double our security deposit money back and 'the full 60 days'. Do we have a right to a relocation assistance fee, even though the property isn't in a rent controlled area? 

If the new buyer & landlord are hoping you move out early you don't have to accommodate as legally the lease must be assumed by the new buyer. Whatever type of fee structure you all work out is a matter of negotiation between consenting adults.

If you are not protected under rent control you have no entitlement. A notice to vacate will suffice.  

It seems like you are in a very unfortunately situation. 

You can engage in legal gamesmanship, but that would come with a price which may not be worth it at the end.

To your success!

@Paula D. No you aren’t titled to anything, except the deposit back, that’s it. You said after one year it turns month to month, so at the end of the current month, new owner can send you 60 days and collect rent for that 60 days. It will be very cheap for the new owner to do so. If I was the new OR old owner I would not offer anything except the notice. Double deposit plus 2 months rent is heaven that fell in your lap, that’s free money! Take it!
PS, not a landlord but even in rent controlled area, month to month can still be served the notice, the control is about the rate not the notice timeline.

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