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Brent Blanchard
Brent Blanchard, Lawyer
Category: Real Estate Law
Satisfied Customers: 1975
Experience:  Thirteen years of experience in real estate matters, HOA disputes and drafting HOA documents
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I have been living in this rental property since 1995 (

Customer Question

I have been living in this rental property since 1995 ( month to month) living with girlfriend til 2004 then I moved out for 1 year and then moved back in by myself til present.
The landlord at this point in time may be deceased. During the past 2 years there has been
a real estate firm managing the property and I have had 2 additional rent increases. Still they have not give me a rental agreement past month to month!
They informed me today that they want to do a walk thru!
I have not returned the call yet to engage a date!
Even though I have a 30 notice potential do I actually have more rights than that since
I have lived in this house for such a long time.
I live in Southern California .
A problem that I have also is that I am leaving for 2 months Jan 15th- march 16 2016!
So you can see there might be a larger issue for me!
What kind of rights do I have in this issue.
I need a California lawyer for these matters
thank you
William velmer
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Yes, you do have additional rights here. Even though you are month to month, if you have lived there over a year, then under CA Civil Code 1946.1, if the landlord wanted to terminate your tenancy, they have to give you at least 60 days.

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As for any inspections, under CA Civil Code 1954, they have to give you at least 24 hours notice prior to any entry and must state the approximate time of the entry and the purpose.

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So even though you are month to month, they have to give you at least 60 days and at least 24 hours notice prior to any entry.

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thanks

Barrister

Customer: replied 1 year ago.
Your code applies to all of California. I am in Orange County California
When you say at least 60 days that means that seems to be the most days I can get!
As mentioned they are planning a walk thru- so I assume that mean that they are planning on selling.
Where do you think the process will really begins. Can I extend the process without ruffling feather, but I mention I am
in Montana jan 15 to march 17
William
Are you a Cal lawyer
Customer: replied 1 year ago.
one more thing I have already paid rent for dec can they start the clock anytime they want regardless that I paid dec rent!
Does my situation that I am not in the state for 2 month because I am in Montana until March 17
Expert:  Barrister replied 1 year ago.

Yes, that is correct. These are state statutes that apply throughout CA.

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And yes, the maximum that they have to give you by law is 60 days if you don't have a written fixed term lease in effect.

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As for whether they will decide to terminate your tenancy prior to any sale, or will just sell the property with you there, I can't say. Only they could provide that information.

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Even after the 60 days was up, if you didn't move, they would still have to go through a formal eviction action, called an "unlawful detainer" in CA, to get a judgment and writ that would allow the sheriff to physically force you to move. This will typically take another 3-4 weeks, depending on the court's and the sheriff's schedules.

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And no, I am not located in CA but all statutes and information is specific to CA.

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As for the notice, yes, they can give it at any time they want to, but you are only obligated to pay for up to 60 days after that. If you had paid Dec rent and they give you a notice tomorrow, then that means that you would have to pay rent up until the end of Jan before they could begin any eviction process.

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And no, the fact that you are not in the state wouldn't affect their timeline if they wanted to terminate as they only have to mail or post the 60 day on your door for it to be effective.

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Let me know if you have further questions.

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thanks

Barrister

Customer: replied 1 year ago.
you don't have to call I get it
thanks
Expert:  Barrister replied 1 year ago.

I apologize, those phone call offers are automatically generated from JustAnswer, not me personally. I don’t engage in private one on one phone calls as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer.

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thanks

Barrister

Customer: replied 1 year ago.
I refused the 52 charge because there was no call so rebill for 45 as agreed
Expert:  Barrister replied 1 year ago.

I am just an independent contractor on the JustAnswer website who answers questions for customers as my practice permits. I don't have any control over how JustAnswer bills customers, so you would need to contact their customer service department with any billing questions and they should be easily able to clear anything up..

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thanks

Barrister

Customer: replied 1 year ago.
the credit card company cancelled the 52 , but you can charge the agreed amount of 45
Expert:  Barrister replied 1 year ago.

I am not sure if you saw my previous post..

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I am just an independent contractor on the JustAnswer website who answers questions for customers as my practice permits. I don't have any control over how JustAnswer bills customers, so you would need to contact their customer service department with any billing questions and they should be easily able to clear anything up..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much.

Barrister

Customer: replied 1 year ago.
I will contact. Customer service and pay the 45. I cancelled the 52. If can re bill that is fine. Bill
Expert:  Barrister replied 1 year ago.

10-4, thanks for checking into that. I don't want to see you billed for anything you didn't receive..

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thanks

Barrister

Expert:  Brent Blanchard replied 1 year ago.

Your question shows up today as requesting a phone call from a JustAnswer Expert.

Unfortunately, we get this message when trying to accept that request:

Error: The customer’s payment didn’t clear. Wait and refresh the page to try again. You may want to alert the customer there’s an issue with their payment method.

If you still want a phone call, please look into it.

Thank you.

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