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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33797
Experience:  Attorney for over 15 years, landlord 26 years
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I have had this home a lease on it for 2 years it is a 6 bed

Customer Question

i have had this home a lease on it for 2 years it is a 6 bed room house i pay 2800 a month for rent i rent the rooms out for 600 i pay all the utiltes plus cable and internet now about 2 months ago i aske3d her if she was going to renew the lease she said no she has to much going on now she told me the frist of last month she has a buys for it today she said the closeing is going to be the 10th of Nov my lease is going to be up on Dec 31 now how long do we have to be able to stay in the home she said only 15 days some one told me to check with a lawer that i have a lease till dec. 31 plus my deposit it is 2800 how long after closeing does she have befor i get it back
JA: We take care of them immediately, but sometimes it takes 3 to 5 days for the banks to process things.
Customer: i dont know what this is maybe a wrong send
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: ye3s Ca.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: no but i keeped the yard cut i paid for every thing
JA: Anything else you want the lawyer to know before I connect you?
Customer: what is my rightshe always tryed to bully me i kissed butt so i could have a roof over my wifes head
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Customer: replied 1 month ago.
What are our rights
Expert:  barristerinky replied 1 month ago.

If your lease is up Dec 31, then the owner wouldn't legally have to give you any additional notice before they filed an eviction action in court.

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That is the entire purpose of a fixed term lease... it starts on a set date and ends on a set date.

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So if the owner decided to file an unlawful detainer (eviction) action in court on Jan 3 or 4th, whenever the courts reopen, then it will take around 3-4 weeks before they could have the sheriff force you to vacate. The actual time will depend on the court's and sheriff's schedules and how busy they are.

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As for your deposit, that would transfer to any new owner and if you moved out on Dec 31, they have 21 days to make any deductions for damages or cleaning and refund any balance.

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thanks

Barrister

Customer: replied 1 month ago.
But if they sold the home like there saying and what us to move in Nov like she saying then what the new owner will have taken the home over
Customer: replied 1 month ago.
Do I still waiting 21 days
Expert:  barristerinky replied 1 month ago.

But if they sold the home like there saying and what us to move in Nov like she saying then what the new owner will have taken the home over.

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They can't force you to move out early unless you agree. And the current owner has two options...either refund your deposit to you when they sell or transfer it to the new owner and they then become your landlord.

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If they transfer it to the new owner, then yes, they have up to 21 days to refund it. They can do so sooner, but the 21 days is the max.

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And if they want you out earlier, make them pay you money for doing so. You can ask them for some amount you feel is fair to move out early for expenses and for moving costs.

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thanks

Barrister

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