so, got an email from our landlord today saying she is going to have to sell her place, and now nicole and myself are scrambling to try and find a new place to live. so i'm reaching out to bask members that might know an agent or of someone renting property that might be able to help. we are looking for something with: 2 bedrooms washer/dryer in unit at least 1 assigned parking (if in the city) and accepts cats not super particular on the area, but don't want anything out too far, as we both work in the city.
If you are in SF the landlord my not even be able to evict you if they sell it. I was under the impression that the only way they could get rid of you is if they (or a family member) moved into the place, used the Ellis Act to take the property off the rental market, or you were served with an eviction notice (which is pretty rare in SF). Anyhow, you might want to check with the local rental laws before moving out.
well i think i may have failed to mention, my lease will be ending this month, so i think she is well within her right to sell at this point. landlord is an older retired woman who lives by herself so i think it just go to the point where she couldn't continue to hold the property any longer.
As one of the noted real estate and landlord/tenant attorneys in San Francisco, having appeared on National Public Radio as an "expert" in eviction practices (although there is no such formal distinction and I do not adhere to such a title), I can tell you that despite her telling you that you need to leave, she must still give you formal written notice either in the form of a 30-Day Notice to Quit (if you have been at the property for less than a year) or a 60-Day Notice to Quit if you have been there for more than a year. Without this, or without giving you another lease to sign, once your lease expires, you automatically become a month-to-month tenant on the same terms as the expired lease, provided you keep tendering the monthly rent. As I recall, you do not live in SF, so it is unlikely you are under any rent control which would provide additional protections. Still, she cannot evict you in any event if you stay provided she has not given you a written notice and you are paying the rent (which she must accept if she has not give your written notice). If you want to be a jerk, you can even stay there after any written notice expires until she gets a judgment in an eviction action (unlawful detainer) and takes a writ of execution to the local sheriff to formally come to your residence to move you out. A simple eviction process takes 4-6+ weeks outside SF, but I would not recommend this since an eviction action is often recorded on a data basis that more savy landlords look at before offering you a new place to rent.
As an owner of a property investment company I cringe at those tactics. He is correct though. People always try to pull that crap about not receiving notice properly which is why I have all my notices served by a certified company. Bottom line is, it sounds like she sent you some notice in the form of an email and if she is allowing you at least 30 days (or 60 days if it pertains to you) before she needs you out and she's been cool to you overall, there is no need to pull the douche moves to stay in the unit longer. Sooner or later you need to find a new place so you might as well keep your rental history/credit report in good standing and move out.
Tofu, Just because she is selling the property. doesn't mean you have to move out immediately. Of course, some people will tell you to abuse your rights, while others (such as Jordan, who is in the property business), will tell you to go. Are you in a flat or apartment building? In San Francisco or elsewhere? Consult with the legal consul to see what your rights are, exactly (check the links I provided),, and work within them. Who knows? The new owners may have to buy you out -- and give you time to find a new place -- as was the case with many of my friends here in San Francisco over the last six or seven years. Eventually, the new owners will have you out, but how soon depends on what your situation is, what you've agreed to, and what the local laws are. Knowledge is power! San Francisco Tenants Union: http://www.sftu.org/ Housing Rights Committee of San Francisco: http://www.hrcsf.org/ City and County of San Francisco Rent Board: http://www.sfrb.org/ California Tenants Rights (with links): http://www.tenant.net/Other_Areas/Calif/ Best of luck!
