60 day notice - Does it apply in my situation

[dsauce]

We've been living in our landlords house 16 years. The last lease we had with them expired Dec 31, 2002 and no other has been issued since then. We've been paying month-to-month.

Our landlord is moving back from Taiwan to move back into his dwelling and has given us only 30 days to move. We spoke to 2 real estate brokers and they said that because we are on a month-to-month or really under no contract that they must give us 60 days.

I found the following on another site: A month-to-month tenancy can be terminated by either party giving 30 days' written notice that the tenancy at X address is terminated 30 days from this notice. However, a tenant who has resided there for at least one year is entitled to a 60-day notice, unless the eviction is for the new buyer of a house or condo to move in [in which case, it's back to 30 days] [Civil Code 1946.1]

My question:

Civil Code 1946.1 states the exception for 30 days is if a NEW BUYER wants to move in. But my landlord is not a new buyer, as he has owned this home over 16 years. What rights do we have with a lease that expired 2002? We have a large dog and finding a place to rent is not an easy task in 30 days.

We are making every effort to move by July 1st, but having that extra 30 days would help in case we don't find something right away.

Any light on this matter is deeply appreciated.

 

[snowbird]

I don't have anything legal to advise you on, but maybe some common sense. If it was me, I would contact my landlord and advise him of my situation and that I'm going to need more time to vacate, giving him the reasons you gave. And just say, that under the circumstances, I wouldn't be able to vacate in 30 days, that I will need at least 60 to assure I can find an adequate dwelling, but in the meantime, if I find something before the 60 days, then I will vacate.

Good luck.

 

[charlesesq]

We've been living in our landlords house 16 years. The last lease we had with them expired Dec 31, 2002 and no other has been issued since then. We've been paying month-to-month.

Our landlord is moving back from Taiwan to move back into his dwelling and has given us only 30 days to move. We spoke to 2 real estate brokers and they said that because we are on a month-to-month or really under no contract that they must give us 60 days.

I found the following on another site: A month-to-month tenancy can be terminated by either party giving 30 days' written notice that the tenancy at X address is terminated 30 days from this notice. However, a tenant who has resided there for at least one year is entitled to a 60-day notice, unless the eviction is for the new buyer of a house or condo to move in [in which case, it's back to 30 days] [Civil Code 1946.1]

My question:

Civil Code 1946.1 states the exception for 30 days is if a NEW BUYER wants to move in. But my landlord is not a new buyer, as he has owned this home over 16 years. What rights do we have with a lease that expired 2002? We have a large dog and finding a place to rent is not an easy task in 30 days.

We are making every effort to move by July 1st, but having that extra 30 days would help in case we don't find something right away.

Any light on this matter is deeply appreciated.

At best you may be entitled to 60 days. What is unfortunate is that living there for 16 years you almost feel as though you are entitled to some type of "right" to continue as if you owned the home. Unfortunately there isn't such an right because remember that it's someone else's home. I'm sorry for you but wish you good fortune in finding another home.