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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55605
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My daughter is a full time student and works part time, she

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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.
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 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."

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Customer: replied 4 years 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

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.
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