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Ask CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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My Landlord just had the our property surveyed (she bought

Customer Question

My Landlord just had the our property surveyed (she bought the home she rents to us so she could make the backyard hers [it twice the size of her original back yard] since it abuts her back yard and she just fenced it off.) I believe that one of the reasons that the surveyors were here was to determine from the cities standpoint, what she could call her own and legally get the permits. We has been tenants her for over 5 years. What are our rights if she decides to sell. (San Jose CA)
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 2 years ago.

If she sells the unit, your landlord will be the buyer.

Your rights as tenants will remain the same as they do with your current landlord.

If you have a term lease (12 months, 6 months, etc.) you can remain there until the end of that term.

If you do not have a "term lease" (12 months, 6 months, etc.), and are on some form of "month to month" lease (holdover tenancy, tenancy at will, tenancy at sufferance - these terms used to have a significance, they are now used interchangably as "month to month" tenants)., your new landlord can terminate your lease with 60 days notice.

You are entitled to the return of your security deposit just as you were before. Except now, you can hold both the new landlord and the old landlord responsible for that return (if the new landlord claims they don't have it, you can sue both of them).

For an excellent overview of landlord tenant law in California, here is a link to the California Attorney General's Landlord/Tenant handbook:

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