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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
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Experience:  30 years of experience
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My wife and i have been notified that we must leave the

Customer Question

my wife and i have been notified that we must leave the rental we are in by march 1, 2016 because they want to sell the house. I have stage 4 pancreatic cancer and on a good day I can do one outing such as going to grocery store. I have been on chemo for 17 months and am quite weak. finding a new home in this time period is going to be very difficult to say the least. They are also quite mean spirited. They like to inform of us things on holidays. They mailed us a letter that arrived right before Thanksgiving to inform us that we had to move out. On Christmas day they called to say that if we wanted to buy the house the price was $640,000. On New Years we received certified mail to vacate the premises by March 1, 2016.
This whole thing is stressing me out extremely. Is there anything I can do to halt these people so that I can find a place to live at my convenience instead of being under the gun. It is very difficult to function with this stress to say nothing of the negative health effects this is having on me.
I have a stellar record of paying rent for the past 7 years at this house.
Submitted: 11 months ago.
Category: Legal
Expert:  Gerald, Esq replied 11 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am sorry that you are going thrugh this difficulty on top of fighting your illness. Please know that you do have rights and that your landlord can not just move you out. He mustgo through the court system to evict you, and he must have grounds to evict you.

Additionally, you have rights under your lease agreement. That is the first place t look. If you have a lease agreement for a specified term (for example one year) you can not be evicted prior to that time unless you fail to pay the rent or otherwise violate the lease.

Even if you are on a Month to Month lease you still have rights and he must still go through the courts.

This does not mean that he will not eventually be able to evict you, but you can slow the process down.

Here is a llink to the Gudie for the Landlord Tenant laws:

https://www.dca.ca.gov/dca/publications/landlordbook/index.shtml

You should also contact a landlord tenant attorney. Most will meet with you to make an initial assessment of your case for little or no cost. See this link:

http://lawyers.findlaw.com/lawyer/practicestate/landlord-tenant/california

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Expert:  Gerald, Esq replied 11 months ago.

An important key is to file an Answer to any "Summons and Complaint" that you receive in regard to the eviction and demand a hearing. You may be able to file for a continuance or two to delay the process. Once you get to hearing if you get a sympathetic judge the judge may slow the process down for you a bit too.

Also, if you can find out ho the buyers are you may be able to persuade them to rent to you.

Lastly, if your lease if for a set time the new owners must honor that time.

Good luck.

Kind regards,

Gerald

Please do not forget to rate me. It adds nothing to your costs, but it helps me greatly. Thank you.

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