Landlord trying to give 10-day notice in California

**volcomguysd** · 10-15-2006, 11:35 AM

I have been renting a room from my landlord for 28 months now in California.

His house has been up for sale for a few months, and he finally got an offer. The potential buyers are able to close in 10 days and would like us out by then.

There is no written contract containing a lease agreement. I do know that since I have been paying rent every single month, for the same amount, and same time of the month, that constitutes an implied contract and thus it is enforceable.

I also know that the implied contract would be a "month-to-month" contract in which the Landlord or I (tenant) would be required to give a 30-day written notice to break the lease agreement.

What i'm trying to figure out is what i'm entitled to? If he wants me out in 10 days instead of 30, what would the landlord have to pay to wipe out those other 20 days?

panther10758 · 10-15-2006, 12:04 PM

Your biggest problem is your knowledge house was for sale! This means you knew you had to leave. Lack or written contract also has youin bind as both parties can claim they gave or did not give notice. Ask to speak to ne wowner see if you can rent from them or at least for another month then get a month to month contract. I cant see where you will win in this fight as you knew house was for sale. Good luck

**GreatGadsby** · 10-15-2006, 12:45 PM

i disagree with Panther. Having knowledge that the property is for sale is one thing. but you could not predict when the owner would find a buyer, nor could you predict the timeframe in which the new owner would want or be able to close in.

look through some of the other posts here regarding CA LL/tenant laws.

panther10758 · 10-15-2006, 01:08 PM

I currently live in a rental house owners have for sale sign. I realize that new owner could keep me as tenat or live in house themself. This is ample warnning and time to find new dwelling. If there was a lease then new owner would be bound by that lease as in my situation where my lease does not expire until March. However current owner will give me (in writing) ok to leave before lease expires. With no written lease one "could" claim that knowledge house was for sale was notice and actually is if you look at it.

**volcomguysd** · 10-15-2006, 06:33 PM

You obviously didn't look at the bold word in my post where I used the term "implied contract". This means that by my actions of writing a check every single month and him accepting the check, what we've done is created an implied contract.

An implied contract is enforceable just as if it was in writing. Since it's only implied and NOT a term lease, I am in a month-to-month lease. Therefor, he is required to serve me with a proper 30-day notice that he plans to end the lease agreement.

This much I know from taking my Business Law class last semester. I'm just unsure what i'm entitled to. Whether I have knowledge about the house for sale is irrelevant. The law is all based on a "reasonable" person. The law will state that even though a house is for sale, a "reasonable" person would expect a 30-day notice to leave the premesis.

panther10758 · 10-15-2006, 06:39 PM

I never said you didnt have a contract verbal contracts are binding as you state. With a law background I would think you would know the value in "getting it in writing" Your entire lease is verbal as we know so why wouldnt notice be verbal and unable to prove!? If what you say is correct then I would file papers in court ASAP to avoid ugly sitatution in ten days! Look up your local laws in this area as well. Your big problem is still fact you kne whouse was for sale and you would have to move and that cant be debated and might work againist you in court. I snew owner going to mov ein in ten days? If not perhaps you can rent from new onwer for a bit. I can read your frustration but dont get snippy because you didnt get the answer you wanted. READ MY SIGNATURE LINE its how I live!

**volcomguysd** · 10-15-2006, 07:04 PM

Oh, i'm not getting "snippy" and I appreciate the help you're trying to give.

If you live by that line, a response line from anyone would be "Don't answer the question if you can't give a right answer."

It's not all about wanting to live there past 10 days. I've been there over 2 years and he's just kicking us out like that. I'm a man of principle, and he's not being cool on his end.

I'm trying to avoid court and find out all the proper information I can that way I can present it to him and he'll give me what i'm entitled to without a fight.

The house for sale doesn't matter because it's all about the "reasonable" person like I said before. Under NORMAL circumstances, the owner would get an offer, the house would go into escrow, and the deal would take about 30 days or more to close. Because of this, 95% of the time the owner will be able to give a proper 30-day notice to the tenants.

He's just hoping i'll be "cool with it" and move out in 10 days and not ask for jack. I want what i'm entitled to for my inconvenience.

I just sent an email to my old Business Law professor and i'll post his response on here if he answers.