How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard Your Own Question

Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46290
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
17027240
Type Your Real Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

My daughter is a full time student and works part time, she

Customer Question

My daughter is a full time student and works part time, she has been leasing a home from a private party since April 2012, the lease just ended in April 2013 at that time it was a month to month rental. She is never late an felt she had a good relationship with the owner. A few weeks ago the owner said she is selling the home, it is going to be a short sale. She gave my daughter a 60 day notice and the Realtor has been a monster. Not giving them a 24 hour notice as agreed and yelling and threatening her that she will have her thrown our sooner if she does not comply. My daughter is so very busy and very stressed now, she is in Beauty college which is 8 hours a day 5 days a week and working 3 nights a week as a waitress until she graduates. Any advice would be helpful, I have wanted to stand up to the realtor for her but don't want to make the situation worse for her. Does she have any rights in this situation? Thank you for your time.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Yes, your daughter absolutely has rights here under California Civil Code Section 1954. Your daughter's rights under this Code Section are set forth at http://www.housing.ucsc.edu/cro/pdf/CCC_privacy.pdf which provides specifically as follows:


"California Civil Code Section 1954
Landlord’s Right to Enter and Tenant’s Right to Privacy
A. A landlord may enter the dwelling unit only in the following cases:
1. In case of emergency.
2. To make necessary or agreed repairs, decorations, alterations or improvements, supply
necessary or agreed services, or exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workers, or contractors or to make an inspection
pursuant to subdivision (f) of Section 1950.5.
3. When the tenant has abandoned or surrendered the premises.
4. Pursuant to court order.
B. Except in cases of emergency or when the tenant has abandoned or surrendered the premises,
entry may not be made during other than normal business hours unless the tenant consents to
an entry during other than normal business hours at the time of entry.
C. The landlord may not abuse the right of access or use it to harass the tenant.
D. 1. Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord
shall give the tenant reasonable notice in writing of his or her intent to enter and enter
only during normal business hours. The notice shall include the date, approximate time,
and purpose of the entry. The notice may be personally delivered to the tenant, left with
someone of a suitable age and discretion at the premises, or, left on, near, or under the
usual entry door of the premises in a manner in which a reasonable person would
discover the notice. Twenty-four hours shall be presumed to be reasonable notice in
absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of
the notice at least six days prior to an intended entry is presumed reasonable notice in
the absence of evidence to the contrary.
2. If the purpose of the entry is to exhibit the dwelling unit to prospective or actual
purchasers, the notice may be given orally, in person or by telephone, if the landlord or
his or her agent has notified the tenant in writing within 120 days of the oral notice that
the property is for sale and that the landlord or agent may contact the tenant orally for
the purpose described above. Twenty-four hours is presumed reasonable notice in the
absence of evidence to the contrary. The notice shall include the date, approximate time,
and purpose of the entry. At the time of entry, the landlord or agent shall leave written
evidence of the entry inside the unit.
3. The tenant and the landlord may agree orally to an entry to make agreed repairs or
supply agreed services. The agreement shall include the date and approximate time of
the entry, which shall be within one week of the agreement. In this case, the landlord is
not required to provide the tenant a written notice.
E. No notice of entry is required under this section:
1. To respond to an emergency.
2. If the tenant is present and consents to the entry at the time of entry.
3. After the tenant has abandoned or surrendered the unit."



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46290
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 8 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for this information it helps. I was also wondering if she has any rights as far as the short sale is concerned. I know if the house is in foreclosure the tenant has 90 days before they have to move. If the property sells, the new owner has to give them another 90 days. My daughter is concerned about her deposit also, can she legally withhold her rent in a separate account until she vacates to make sure she gets her $1700 deposit back? thanks so much

Expert:  Richard replied 1 year ago.
You're welcome and thanks for following up. A short sale, unfortunately, does not give your daughter the same rights as the Protecting Tenants at Foreclosure Act of 2009 so she wouldn't be entitled to an additional 90 days. But, if there is a sale, if the seller doesn't transfer the deposit to the new buyer, she can either sue the seller or withhold rent to recover it. Even though she doesn't have the same protection as in the Foreclosure Act, she can buy plenty more time. Even though there is no lease and even though a person has not paid any rent, that person becomes an "at will" tenant, which is treated legally as a month to month tenant. As such, if she doesn't leave at the end of the 60 day period, the law does not allow the landlord to forcibly evict a tenant without obtaining an eviction order from a court. What that means is that if termination date comes and the tenant does not move out, the landlord cannot simply change the locks or throw the tenant's things out. Rather, what the landlord has to do is to first deliver a 3-Day Notice to quit...which basically says the tenant has 3 days to leave or face eviction. But, if the tenant still hasn't left, the landlord must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can the landlord have the tenant evicted. That will buy your daughter a good bit more time.
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.