My land lord wants to brak the lease and wants me to move out.?

Question

My land lord wants to brak the lease and wants me to move out.because he wants to sell the house he is living and wants to move in to my house (which I have 7 more moths lease on it).He sent me a 30 day notice .Can any one help me please ??I am living in California ,city of fremont.

Answer 1

If you have time left on the lease, you're not obligated to move. I'd recommend writing the landlord a letter that states you received the notice, but that according to your lease you have another 7 months and intend to stay. If he files an eviction case, just show your lease to the judge and it gets dismissed.

If he wants you out bad enough, maybe he will be willing to pay you in consideration for your early termination of the lease. Just a thought...

Answer 2

The Landlord must honor the tenant's lease. Based on the facts that you present, I see no circumstances that would give him any legal right to terminate a valid and binding lease with his tenant(s). The fact that he has sold his house that he currently resides in has no bearing on the rights of the parties under the valid lease agreement. Even if he sold the property you live in, the lease is still in place and a new owner cannot force the tenant to leave , but he can negotiage a compensentory deal to help you move to another apartment.

He may want to consider buying the tenants out of the lease or rent another home/apartment until the lease expires. In hindsight, clearly he should have put a clause in the lease that would have given you the ability to terminate the lease if he wanted to move back in himeself under these or similar circumstances. This clause also would have spelled out the terms of such a possibility such as required notice and any compensation due the tenants.


Sidebar: Forcing a Tenant Out

A landlord can terminate the lease and force the tenant out for good cause. The most common causes are nonpayment of rent, damage to the premises, and violation of the rules and regulations of the lease. The most common violations are disturbing the neighboring tenants with noise, possession of pets, and occupancy by persons who are not named on the lease. Often the landlord must give the tenant a short period in which to correct the problem before eviction action begins.

Q : How does the landlord terminate the lease for cause?

A : For nonpayment of rent the landlord can serve a written notice threatening to terminate the lease unless the tenant pays the past due rent within a certain number of days (depending upon the area, from three to ten days). If the rent is paid, the tenant may remain.

For violation of the rules and regulations of the lease or damage to the premises, the landlord can serve a written notice terminating the tenancy after a certain number of days (from ten to thirty days, depending upon the area). Some localities, but not all, provide that the tenant may remain if the violation ends, for example, getting rid of a forbidden pet or repairing the damage to the premises.

Answer 3

Not familiar with CA law. If you have a real lease then I would read the fine print and find out what rights you have in the event of the landlord breaking the lease. Knowledge goes a long way and will keep you from getting the short end of the stick. Other than that all I can say is good luck.

Answer 4

A lease is a contract - it takes both parties to agree to change the terms or terminate it early. You don't have to move out until the end of the lease, but if your landlord offers you some incentives such as relocation assistance or cash to break the lease, it might be worth considering.

See the California Landlords & Tenants handbook, pgs 46 and 64.
http://www.dca.ca.gov/legal/landlordbook/catenant.pdf

Answer 5

Just an FYI...in the state of Washington if the landlord is moving back into the house, he/she can break the lease. It has to be that they are moving back in though. Check out your states guides on landlord rights/tenant rights. You should be able to find it online. Good luck

Answer 6

Why could imagine this isn't legal? and not using a employ, you're only renting on a month-to-month foundation. meaning both you or the owner can end the tenancy by technique of only providing the mandatory written note (usually 30 or 60 days). see you later because the owner has given you the right written note, you're required to flow. What he does with his sources after that has no bearing the following.

Answer 7

You are out of luck. If the landlord has sent a 30 day notice to vaccate the house, then by law you have to move out.
However the loophole is if the letter has not certified and the landlord cannot prove that he indeed gae you the letter, you can take her to court and say no letter was given to you. In that case the lanlord will have to prove that she gave you the letter before he can evict you.

Answer 8

check with your code enforcement office and read the contract you signed, In michigan you must be served eviction papers before they can kick you loose. Your contract may include something on this to.
Good Luck

Answer 9

if he wants u out he iwll have to file for an eviction. he has to serve u so until he does that dont even worry about a thing. document EVERYTHING!!!!!!!!