30 days or 60 days?!?

[Frustrated renter]

Jurisdiction

California

I have rented my house for two years now. I'm on a month to month lease. I received a 30 day notice from my landlord stating that she was going to sell the house. It's not listed as of yet. Since I've been here 2 years should it be 30 day notice or 60? From what I've read Ca code 1946 it sounds like I should have had a 60 day.
Thank you

 

[Gail_in_Georgia]

Is this a notice to terminate your lease or simply a notice that the landlord is going to put the house on the market in an attempt to sell it?

Gail

 

[Frustrated renter]

Is this a notice to terminate your lease or simply a notice that the landlord is going to put the house on the market in an attempt to sell it?

Gail

It's to terminate my month to month. Then put the house for sale.

 

[army judge]

Are you living in the home on a month to month tenancy now, or on a written lease?

If its a written lease, when is your written lease due to expire?

 

[Frustrated renter]

I had a 1 year lease that ended last year. I've been month to month for 13 months now.

 

[army judge]

I had a 1 year lease that ended last year. I've been month to month for 13 months now.

In Georgia, as in most states, a month to month tenancy can be terminated by either party with a 30 or 60 day notice. In Georgia the law is slightly different, so read on to discover how it applies under your particular circumstances.

Upon expiration of your original lease, if the landlord continued to accept rent payments and allowed you to stay in the unit, a tenancy-at-will was created. The terms of the original lease would still apply to the tenancy except that the landlord can terminate or change the terms with a sixty (60) day notice. The tenant could terminate the lease with a thirty (30) day notice to the landlord.

You are correct, under the statute the notice was defective. It should have read 60 days to vacate. I suggest you discuss your dilemma with your landlord and see if a mutually satisfactory arrangement can be achieved. If not, he would have to issue a ew notice allowing for you to have 60 days to vacate.

Most people won't like to hear that a mistake was made, so expect some push back. I suggest you simply offer to leave of your own accord, if he amends the notice originally give to you read "60 days". Otherwise, he would have to provide a new notice,a dn you could possibly get more than 60 days if he has to go to court.

You, however, would have your credit marred if the matter went to evictions court. The mere filing of an eviction can often impact your ability to rent decent housing for decades. Hence my suggestion for a compromise to be reached, making everyone walk away as a winner.