Eviction Question

[JLM9]

Jurisdiction

California

Hello,
We are long time tenants (30 years), and were given 60 days notice by the landlord. We have been trying to buy a house, but that is not an easy process, and the eviction date is fast approaching. We have asked for another month or two from the landlord, but as of now, they have not budged. Is there anything we can do? If we don't leave by the date, what can happen?

Thank you.

 

[justblue]

Hello,
We are long time tenants (30 years), and were given 60 days notice by the landlord. We have been trying to buy a house, but that is not an easy process, and the eviction date is fast approaching. We have asked for another month or two from the landlord, but as of now, they have not budged. Is there anything we can do? If we don't leave by the date, what can happen?

Thank you.

I'm confused a bit by your wording in your post. Were you given a 60 day move out notice ( notification of the end of your tenancy) or was there an eviction action that you lost in court?

 

[JLM9]

I'm confused a bit by your wording in your post. Were you given a 60 day move out notice ( notification of the end of your tenancy) or was there an eviction action that you lost in court?

Just a 60 day notice, no court action (yet).

Thank you.

 

[Zigner]

The OP was given a 60-day notice to move and the expiration of that notice is rapidly approaching. The OP, like many others, is confusing an "eviction" (a court-ordered termination of the tenancy & occupancy) with a "termination of tenancy", which is a notice given by the landlord.

 

[Zigner]

Hello,
We are long time tenants (30 years), and were given 60 days notice by the landlord. We have been trying to buy a house, but that is not an easy process, and the eviction date is fast approaching. We have asked for another month or two from the landlord, but as of now, they have not budged. Is there anything we can do? If we don't leave by the date, what can happen?

Thank you.

Why don't you put your belongings in to storage and find short-term accommodations?

 

[JLM9]

Why don't you put your belongings in to storage and find short-term accommodations?

Well that's an option, but obviously it would be much much easier all around if we had a little more time.

 

[zddoodah]

Is there anything we can do? If we don't leave by the date, what can happen?

Unless you're in a city with rent control, and assuming you are month-to-month tenants, the landlord only has to give 60 days' notice to terminate the tenancy. If you remain in possession of the premises once the 60 days have run out, you will be subject to being sued and forcibly removed by the sheriff (in that order, and forcible removal is only going to happen upon conclusion of the eviction lawsuit, but note that, depending on the county, eviction lawsuits typically go pretty quickly). You cannot force your landlord to let you stay longer.

obviously it would be much much easier all around if we had a little more time.

Easier for you....

 

[army judge]

Well that's an option, but obviously it would be much much easier all around if we had a little more time.

If the landlord doesn't wish to agree to giving your 60 more days, this suggestion seems to be your best option:

Why don't you put your belongings in to storage and find short-term accommodations?

You don't legally have to move by the move out date requested by the landlord.

However, if you don't, the landlord will likely bring a formal eviction proceeding against you.

The mere filing, not just the adjudication of such a filing, can damage your FICO and negatively impact your goal of buying (on time) a home that you might own in 30 years.

Seriously, don't risk the landlord's wrath, don't seek a short term remedy that will only hurt you over the long term.

 

[JLM9]

Easier for you....

I would think it would be easier for everyone.

Wouldn't it be easier for the landlord to be co-operative and understanding with tenants who have payed them hundreds of thousands of dollars in rent on time for over 30 years, could pay them another months worth, and who are trying diligently to find a new home?

Or would it be easier for them to file a lawsuit because one more month of us being here would be an inconvenience for them?

Funny world we live in.

Anyway, thanks all for the advice. I assume you all are lawyers?

 

[adjusterjack]

I assume you all are lawyers?

Some, not all. I'm not. But I am a former landlord and your landlord might have good reason to terminate your tenancy now instead of later.

You would have no way of knowing the reason nor would it be any of your business.

I had a tenant for 14 years, never gave me any trouble. When the time came to sell it, nobody would look at it with a tenant in it so I gave her notice and a glowing reference and had the house sold a week after she was out.

By the way, it doesn't matter what you've spent over the last 30 years, what matters is what is happening right now.

 

[JLM9]

Some, not all. I'm not. But I am a former landlord and your landlord might have good reason to terminate your tenancy now instead of later.

You would have no way of knowing the reason nor would it be any of your business.

I had a tenant for 14 years, never gave me any trouble. When the time came to sell it, nobody would look at it with a tenant in it so I gave her notice and a glowing reference and had the house sold a week after she was out.

By the way, it doesn't matter what you've spent over the last 30 years, what matters is what is happening right now.

I think it matters what has happened over the last 30 years. I think people being decent and understanding, especially when it comes to where one has lived for a long time, is more important than business. We are not just tenants, we are people...so sorry if our inconvenience is of concern to us.

But the landlord is king, and so whatever is best for them is what's important.

Anyway, I just came for legal advice, not anything else.

Thanks all.

(Btw, if it sounds like I'm sort of angry...guess what, I am).

 

[justblue]

I think it matters what has happened over the last 30 years. I think people being decent and understanding, especially when it comes to where one has lived for a long time, is more important than business. We are not just tenants, we are people...so sorry if our inconvenience is of concern to us.

But the landlord is king, and so whatever is best for them is what's important.

Anyway, I just came for legal advice, not anything else.

Thanks all.

(Btw, if it sounds like I'm sort of angry...guess what, I am).

It's unfortunate that you're unable/willing to see how wrong your POV is.

Be that as it may...Your LL is not legally, or morally, required to give you extra time because of your 30 year BUSINESS relationship.

 

[shrinkmaster]

Your landlord has acted within the law for your state. You can ask for more time but he does not have to agree. If you stay past deadline they can bring forth an eviction action which will effect you in a negative way as described above. This will hamper your long term plans. I understand your concerns but your long term relationship has NOTHING to do with the law. As stated the landlord may have a very valid reason for this action.

 

[sandyeggo]

Why do you think you being a long time tenant entitles you to more than what the law allows? Get packing and stop complaining. You're wasting time.

 

[zddoodah]

Wouldn't it be easier for the landlord to be co-operative and understanding with tenants who have payed them hundreds of thousands of dollars in rent on time for over 30 years, could pay them another months worth, and who are trying diligently to find a new home?

Or would it be easier for them to file a lawsuit because one more month of us being here would be an inconvenience for them?

At the end of the day, it's irrelevant. The landlord is running a business and, while you may have been a good tenant for a long time, it's not like you're going to be a repeat customer that the landlord wants to be nice to. For you, this is personal, but you have to recognize that you're dealing with someone for whom this is purely business.

Anyway, I just came for legal advice, not anything else.

Statements like this suggest otherwise:

I think it matters what has happened over the last 30 years. I think people being decent and understanding, especially when it comes to where one has lived for a long time, is more important than business.