Can I Be Evicted Because My Residence Is Being Sold in California?

Question from Tyr, Can I Be Evicted Because My Residence Is Being Sold in California?

Answer from AI:

In California, landlords have specific legal grounds for evicting tenants, and selling the property can be one of them under certain conditions. Understanding your rights and the legal process is crucial.

Understanding Eviction Grounds in California

California law, particularly the **California Civil Code** and **California Code of Civil Procedure**, outlines the reasons a landlord can evict a tenant. These reasons include:

• Non-payment of rent
• Violation of lease terms
• Engaging in illegal activities
• Owner move-in
• Substantial renovations
• Withdrawal of the property from the rental market (Ellis Act)

Eviction Due to Sale of Property

If your landlord is selling the property, they may have a valid reason to ask you to leave, but it depends on several factors:

1. Lease Agreement: If you have a fixed-term lease, the new owner typically must honor the lease until it expires. However, if you are on a month-to-month tenancy, the landlord can give you a notice to vacate.
2. Notice Requirements: For month-to-month tenancies, the landlord must provide a 30-day notice if you have lived there for less than a year, or a 60-day notice if you have lived there for more than a year.
3. Local Rent Control Laws: Some cities in California have rent control ordinances that provide additional protections for tenants. For example, in cities like San Francisco and Los Angeles, landlords may need to provide a valid reason for eviction even if the property is being sold.

Legal Protections and Resources

Tenants have several protections under California law:

• Relocation Assistance: In some cases, landlords must provide relocation assistance to tenants being evicted due to the sale of the property.
• Just Cause Eviction Ordinances: Some cities require landlords to have a “just cause” for eviction, which may not include the sale of the property.
• Tenant Protection Act of 2019: This act provides statewide rent control and just cause eviction protections for many tenants.

For more detailed information, you can refer to the [California Department of Consumer Affairs](https://www.dca.ca.gov/publications/landlordbook/catenant.pdf) and the [California Courts Self-Help Guide](https://www.courts.ca.gov/selfhelp-eviction.htm).

When to Seek Legal Advice

If you are facing eviction due to the sale of your residence, it is advisable to consult with a legal professional. An attorney can help you understand your rights and options based on your specific situation. Legal advice is particularly important if:

• You believe the eviction notice is not valid.
• You live in a rent-controlled area.
• You need assistance negotiating with your landlord.

Remember, while this information provides a general overview, each situation is unique. For personalized advice, always consult with a legal professional.