Intent to Sell: Forcing Out of Apartment - Rent vs Buy (CA Metro)

[cathy63]

Hi Cathy, the sale of the unit went through July 9th - we'd paid our July rent to the old owner, and have "met" the new owners via email. They said they would let us know about what to expect and get back to us - its been over a week

If the sale has gone through, but no notice to vacate I'm assuming we're going to receive a new lease. How long can we continue under our old month-to-month rent - do we have a grace period under the old lease?
Does the 10% CA rule protect under a change of ownership? We still have not gotten notice to vacate.

Thanks.

No reason to assume you'll be getting a new lease. You might, you might not. The new owner can continue to rent to you as a month-to-month tenant without a new agreement; or he can ask you to sign a new monthly rental agreement; or he can ask you to sign a new 12-month lease. There's just no way to know what he will do until he tells you.

Change of ownership is not a sufficient reason to raise rent by more than 10%, but as I noted previously, there are exceptions and I have no way to know if any of them apply to your rental unit or your new landlord. This is why you should talk to a tenants rights organization and get some free advice. They can ask you questions about your living situation and collect enough info to be able to give you accurate answers.

 

[Bamaman]

My co-worker's son is an oncologist in San Diego, and he's living in a medium size house that was priced incredibly expensive per square foot.

My buddy was looking to move out there to support his son, but the San Diego real estate was just too expensive. They were looking at real estate 20 miles north of San Diego where home prices were much better.

Have you looked at other communities within commuting distance of SD?

 

[pc95]

No reason to assume you'll be getting a new lease. You might, you might not. The new owner can continue to rent to you as a month-to-month tenant without a new agreement; or he can ask you to sign a new monthly rental agreement; or he can ask you to sign a new 12-month lease. There's just no way to know what he will do until he tells you.

Change of ownership is not a sufficient reason to raise rent by more than 10%, but as I noted previously, there are exceptions and I have no way to know if any of them apply to your rental unit or your new landlord. This is why you should talk to a tenants rights organization and get some free advice. They can ask you questions about your living situation and collect enough info to be able to give you accurate answers.

We got a notice of termination of tenancy (CAR NTT 6/22) - (move out) notice. Asked new landlord if possible to rent as-is and told, "renovating for family move-in".

Was also told would receive full deposit back if abide by move-out date. Never received anything on paying the current rent for August and partial Sept. Are these rents still due to new owner? He did not mention them explicitly. Thanks.

 

[Souschef]

My co-worker's son is an oncologist in San Diego, and he's living in a medium size house that was priced incredibly expensive per square foot.

My buddy was looking to move out there to support his son, but the San Diego real estate was just too expensive. They were looking at real estate 20 miles north of San Diego where home prices were much better.

Have you looked at other communities within commuting distance of SD?

San Diego has 2 commuter trains, the Coaster and the Sprinter as well as trolley service.
You can go on their website and see where the stations are and the schedules.

 

[pb4uski]

We got a notice of termination of tenancy (CAR NTT 6/22) - (move out) notice. Asked new landlord if possible to rent as-is and told, "renovating for family move-in".

Was also told would receive full deposit back if abide by move-out date. Never received anything on paying the current rent for August and partial Sept. Are these rents still due to new owner? He did not mention them explicitly. Thanks.

Hard to tell without seeing the language, but I would think that you'll get your full deposit back if you move out on or before the move-out date and that you would only owe rent through when you move out.

So for example, if you move out near to but before the end of August you would owe August rent but get your full deposit back... but if it were me and my deposit were more than what you owe in rent I would tell him when you are moving out and that you'd like your August rent deducted from your deposit refund... rather than pay August rent and take the chance that the new owner welches out on the deal to return your full deposit.

 

[pc95]

Hard to tell without seeing the language, but I would think that you'll get your full deposit back if you move out on or before the move-out date and that you would only owe rent through when you move out.

So for example, if you move out near to but before the end of August you would owe August rent but get your full deposit back... but if it were me and my deposit were more than what you owe in rent I would tell him when you are moving out and that you'd like your August rent deducted from your deposit refund... rather than pay August rent and take the chance that the new owner welches out on the deal to return your full deposit.

Thanks, the new owners never gave me their account information - only have the old owners account (obviously not sending payment to him). Guess it will depend when we select a new place - then transact.

 

[Winemaker]

Landlord here. Your lease should spell out your rights/ expectations in writing. My leases all spell out what could/should be done. If your lease does not specify that you shall pay the new landlord, then I would say you don't. You don't have a lease with new landlord.

 

[cathy63]

We got a notice of termination of tenancy (CAR NTT 6/22) - (move out) notice. Asked new landlord if possible to rent as-is and told, "renovating for family move-in".

Was also told would receive full deposit back if abide by move-out date. Never received anything on paying the current rent for August and partial Sept. Are these rents still due to new owner? He did not mention them explicitly. Thanks.

Legally the rent for August and September is still due. If you have their mailing address, send them a paper check. If you don't have it, ask them how they want the rent paid.

Since this is a "no-fault just cause" eviction, the new landlord may also be required to pay relocation assistance in the amount of one-month's rent. You can figure out if it's a requirement in your case by looking at the second page of this flyer and reviewing the section on "excluded housing": https://www.sandiegocounty.gov/content/dam/sdc/sdhcd/docs/AB 1482 Flyer.pdf