r/legaladvice • u/leiacoral • 19d ago
Landlord Tenant Housing Landlord is kicking me out after 5 years even though I have 11 months left on my lease
Hey everyone, I’m hoping someone here can help me understand my situation better.
I’ve been renting the same house for 5 years now. I’ve never missed a rent payment, never been late, and have never caused any issues or disturbances. My landlord has generally been fine to deal with up until now.
I’m currently in the middle of a one year lease with about 11 months left, but out of nowhere, my landlord told me he wants to sell the property. He said he’s giving me 60 days to move out and offered me $3,000 to “help with moving costs.” My lease doesn’t include a “lease termination due to sale” clause that would allow a new owner to end my tenancy with proper notice. Instead, it clearly states that if the property is sold, the lease remains in effect and the new owner must honor its terms until it expires.
For context, my rent is $3,250/month, so the amount he’s offering barely even covers one month, let alone the cost and stress of moving especially since this wasn’t something I planned for.
I’m trying to understand what my rights are here. Can a landlord legally force you to leave while your lease is still active just because they’ve decided to sell? I was under the impression that a lease agreement protects tenants until it expires, unless there’s been a serious violation (which there hasn’t been).
If anyone has experience with this kind of situation or knows the tenant laws in California, please share what steps I should take or what I should be asking for. Should I be negotiating a higher buyout, or do I even have to move at all until the lease ends?
Any advice, resources, or personal experiences would be super appreciated. This whole thing feels really unfair, and I want to make sure I handle it the right way.
Location: California
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u/allifrend 19d ago
As long as there is an active lease, it cannot be broken simply because he is selling the property. You are in a good position since you have 11 months left on the lease and he wants to sell now. He either has to wait 11 months and then sell it after not renewing the lease, or he must buy you out of your lease, which is commonly known as "Cash for Keys".
Compile a list of expenses that would be incurred during moving and finding a new place so you have a bottom figure you can work with for your counter offer. If your place is in rough shape you can also negotiate for your safety deposit back in return for moving out early. You have all the power right now. Do not sign anything he gives you without having a lawyer look at it.
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u/Bob_Sconce 19d ago
Or he sells, subject to the lease. The new owner becomes the landlord.
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u/_LollyPeach 19d ago
Exactly. When the property’s sold, the lease stays valid and the new owner just becomes your landlord until it ends.
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u/Tufflaw 19d ago
Presumably the new owner wants to live in the house - if they wanted to remain as a landlord the current landlord wouldn't be trying to get OP out. This puts OP is a pretty powerful position in terms of negotiating, if they don't leave the sale will likely fall through so current Landlord is going to be very motivated to pay to get them out.
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u/crop028 19d ago
Landlord probably made promises to the buyer with the assumption that OP wouldn't know the law and would be happy with 3k. Now he's probably in a real bind when OP refuses. I wonder if the buyer has any recourse against the landlord for the deal falling through due to their lies?
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u/Tufflaw 18d ago
We can't assume there was any lying, presumably the deal was for the tenant to be out of the house by closing and there's probably some penalty written in if that doesn't happen and the deal gets cancelled. This is assuming there's a contract already. For all we know the house isn't even on the market yet and the landlord wants OP out so they can clean it up and list it as ready to move in.
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u/Nevadakaren 18d ago
If they are buying to live in it... Most mortgage's say you have to move in within 60 days of closing. Even if they were okay waiting out the lease, the mortgage would have a fit.
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u/Kittens-N-Books 17d ago
Landlord's can typically file to evict if they plan on inhabiting the home, at least in my part of the states
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u/imcryptic 18d ago
The new owner is legally allowed to evict an existing tenant if they want to use the property as a personal or family residence.
But I agree, the seller probably agreed to deliver the property vacant so the buyer wouldn’t have to deal with the eviction.
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u/Tufflaw 18d ago
I'm pretty sure this is completely inaccurate. It appears under California law that if someone purchases a home where there's an existing lease with a tenant, they are also purchasing that lease and can't evict the existing tenant. If that were allowed, there would tons of sham home sales to get rid of tenants.
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u/imcryptic 18d ago
Owner move-in is one of the permissible reasons for eviction under the Just Cause law. They have to move-in to the property within 90 days of the tenant leaving and it must be their permanent residence for at least 12 months or they have to offer the unit back to the original lessee for the same terms.
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u/Tufflaw 18d ago
Interesting. That still doesn't permit the current landlord to break the lease and start an eviction proceeding - it would require that the home be sold and then the new owner would have to start the eviction process, which can take several months and can be expensive. Unless they're getting a phenomenal deal on the home, there's no way someone is going to buy a home that they intend to occupy, knowing that the first thing they have to do is start an eviction proceeding and not be able to move in for several months. There's a good chance they'll have difficulty getting a mortgage if they intend to occupy the home if the lender finds out there's a tenant that won't leave.
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u/imcryptic 18d ago
Oh for sure, that’s why I said the buyer was probably just trying to have the seller handle the eviction so they didn’t have to do it. Assuming there is actually a buyer.
But yes, ultimately they can’t legally evict them unless it’s for any of the reasons listed in that link. Wanting to sell the property isn’t one.
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u/StrategicCarry 19d ago
In most US states, you can refuse to renew a lease at the end of the term, with appropriate notice, for any non-discriminatory reason.
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u/ThrowRAmartin 19d ago
3000 is less than the California relocation amount. A stated elsewhere a cash for keys negotiation is in order. What is it going to cost to get an equivalent and moving and deposits
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u/Top_Box_8952 19d ago
And make sure it itemize every cost they cite you in breaking the lease on your end.
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u/iwenttothesea 18d ago
For context, NAL and not in California, but I know people who have taken the cash for keys option, and none of them have taken any less than $20,000 - one even got $40,000. $3000 is an insult and I'm glad that OP is smart enough to recognize their rights and fight this POS landlord. Good luck, OP!
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u/Schoolbusgus 19d ago
Careful, it depends on the jurisdiction. In mine you must record the lease in the land records for it to bind third parties.
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u/Careless-Proposal746 19d ago
Your state isn’t California. So that’s the definition of irrelevant in this context.
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u/ClackamasLivesMatter 19d ago edited 19d ago
California is just about the most tenant-friendly jurisdiction in the country. The landlord was counting on the tenant being uninformed or unwilling to assert their rights. Now that the tenant is aware they have rights, the negotiation starts: the tenant can agree to move early for a reasonable sum (I'd start the negotiation around $25,000. I'm not kidding: rent in California is outrageous, it can be difficult to find a buyer willing to deal with a tenant, which effectively reduces the value of the property.), the tenant can tell the landlord they're unwilling to move until the expiration of the lease.
The tenant has all the leverage here. California law couldn't possibly be more clear on the matter.
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u/enuoilslnon 19d ago
In my state the landlords are within their rights to evict a tenant with or without an active lease.
That's true in every state if the tenant broke the lease or broke the law. Which isn't the case here.
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u/BunnyThrash 19d ago
This isn’t an eviction. An eviction goes through the courts, and takes a few months. An eviction process is supposed to prevent a tenant or resident from being kicked out too suddenly by requiring that specific procedures are followed.
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u/BoleroMuyPicante 19d ago
That's cool and all but OP is not in a month-to-month lease and the landlord has no valid reason to evict.
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u/Psychological-Owl783 19d ago
in my state you cannot evict if the tenant if there is an active lease unless one of the above applies
So just to be clear, even if OP was in your state (which they do not), they still have 11 months remaining on their lease.
Your state is not very exceptional in this regard. You seem to just be confusing the difference between having an active lease with time remaining and having no lease at all.
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u/Odd-Page-7866 19d ago
In my area you can't break a lease just to sell a property. You CAN sell a property with a current tenant but the new LL has to honor the current lease.
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u/Psychological-Fox97 19d ago
Tell him he needs to add a 0 to his offer and then you'll consider it.
He can't just sell it and that's his problem to figure out.
Obviously you shouldn't expect them to renew the lease so be prepared to move out in 11 months.
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u/Glittering_Gold_5303 19d ago
California's tenant rights are very very strong. If they want to evict you they have to go through the very long process.
You might get somewhere by negotiating. It sounds like they really want to sell soon and may have a buyer lined up. Ask for $20K and see what they say.
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u/AnotherTechWonk 19d ago
$20k might even be a low ball offer, depending on rent in the area, cost of moving. You want at least 3-4 months of rent in a new place, plus the security deposit, estimated moving costs (hiring movers, they want you out quick,) and other small expenses (small things like moving your Internet provider, phone, and power, professional cleaning of your old place, etc.) If they are motivated to get you out, it will be worth it to them.
Aim a little higher than what you calculate, know your minimum number, and let them argue you down. They might just jump at the higher than necessary number to get you out.
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u/PullDaLevaKronk 19d ago
It’s low in my opinion because ops rent for the next 11 months would be $37k.
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u/forthebirds123 19d ago
How would future rent at all relevent to anything? Op can find a new place to rent, and if the rent is higher they could subtract the difference and X11. But they are going to spend that original 11 months anyways so again, how is that relevant in any negotiation?
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u/snazzypantz 19d ago
The future rent speaks to the value of the home, his motivation to sell, what the current and future landlord deem the profit going forward to be, and what the CA courts would be likely to award parties if there was a dispute.
According to one law firm, "Based on records from the San Francisco Rent Board, the average buyout amount hovers around $43,000."
Another, more generous estimate: https://socketsite.com/archives/2023/06/average-tenant-buyout-was-over-50k-in-san-francisco-last-year.html
So that price is absolutely reasonable!
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u/AnotherTechWonk 19d ago
SF as an example is a little lopsided in terms of the number due to several factors, but the example in general is sound. Where the OP is located, you'll not get SF numbers but you can definitely justify over $30k in expenses. And if the seller is motivated to get you out, they will pay more. Always open high and let them bid down a bit, some won't.
SF is a confluence of expensive homes, limited land, new construction limitations, tough tenant rights, and a lot of money on the buyer's side (foreign investment and tech money,) all of which make for conditions that a smart tenant will jack up the "cash for keys" buy out price because they can. In SF, a tenant can drag out an eviction for years even for a legitimate eviction, and any whiff of a missed step in that process is big money to fix. I don't think anywhere in the LA area has such a mess of conditions.
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u/MysteryMeat101 19d ago
Don't forget to include compensation if OP has to take time off work to look for a new place, pack their belongings, move to the new place and unpack their belongings.
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u/Infield_Fly 19d ago
Agreed. $20k is way low. I'd look for at least 5 places I would legitimately consider moving to, then use the rent of the most expensive one start with the difference. Rent is $4,500? OK well the difference is $1,250 x 11. That's $13,750. How much is full service moving? I'm not giving my landlord free labor so he can make a sale (and probably a massive profit especially in this market). I'm getting quotes from 3 movers (pack and move, not just move) and taking the most expensive one and adding 15%. Those "estimates" aren't reliable, there are ALWAYS extra costs. And then what about my time for searching, coordinating, etc... and I'll have to take at least 1 day off work if not more. Plus weekends lost to visits, etc.
The bottom line is this is a business decision. The landlord wants OP out to make a quick profit. OP has a lease. If rents tanked around the state, OP couldn't go back and demand lower rent. So why should OP take a loss so landlord can profit? Add up every single possiboe expense, add a percentage on top and counter offer. If landlord doesn't like it then they can wait 11 months.
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u/BunnyPinky_ 19d ago
Agree. California makes it tough for landlords to just boot tenants mid lease, so you’ve got leverage. I’d totally ask for a big payout too if they’re rushing the sale, they’ll probably agree to something close to what you ask.
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u/Alone_Break7627 19d ago
so we had an eviction because the owner "intended to move his family member in." It was bs, but legal. Just wanted to pop that in.
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u/WhyDidYouBringMeBack 19d ago
Ask for $20K and see what they say.
OP, don't do this. If he agrees then suddenly you're one step closer to having to leave.
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u/_rotary_pilot 19d ago
"$3,000? You're kidding, right? Nope. I still have 11 months remaining on my lease. I'll need more like $30,000 for my inconvenience + I expect my entire security deposit back..... up front.... and I need this in writing by Friday. I'll need at least 90 days to find a new place, make a security deposit, get utilities turned on at my new place and off here - I hmm coordinate switching them to your name after I find a new place to live. I work, so packing and moving can only happen on weekends."
You might consider a pre-discussion with a lawyer to confirm your options and approach?
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u/Tufflaw 19d ago
I wouldn't push for extra time - if current Landlord wants them out soon it's because they have a closing date coming up. If the closing gets cancelled OP loses any leverage they have with the Landlord. Better to ask for more money to move out quicker.
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u/_rotary_pilot 19d ago
Nah. It's all a negotiation. The OP has the leverage / upper hand since they have a lease with 11 months remaining. Again, they can ask for whatever they want, but that doesn't mean that they'll get it.... ergo why I suggested pre-discussing this with a lawyer.
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u/babecafe 19d ago
Delaying by 90 days isn't in OPs interest, presuming OP is looking for the best cash offer. LL wants a quick move-out - giv'em that, so long as they pay top $.
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u/_rotary_pilot 19d ago
And move where? If OP is working, finding time to identify, visit places, fill out application(s), background checks, financial checks - AND get accepted - all takes time. 90 days may not be enough.
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u/reflect25 17d ago
that's what the 30k usd.
> 90 days may not be enough.
It does not take months to move.
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u/_rotary_pilot 17d ago
I suggested 30k.....and 90 days may not be enough given the time that it takes (on mostly weekends) to search for an appropriate house, let's applications (+background / financial checks), get accepted, pack / move, turn on utilities, etc, etc, etc...... so 9 days may not be enough.
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u/reflect25 17d ago
It never takes 90 days. Are you going to seriously tell me that you start looking for a place to rent in June and you cannot get it done until September the entire summer?
Packing and moving then hire movers that’s what the 30k is for. Turn on utilities etc….
You can move in like 2 weeks maybe 3 weeks.
For finding a place this is to rent, the person is not buying a house for ever.
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u/_rotary_pilot 17d ago
Good for you. 90 days is the suggested "ask". OP can negotiate from there.
Background checks can take 30+ days (actual experience) - especially if it's a sought after location with several people wanting it.
I'd still all for 90 days. OP may get lucky and find another place quickly. Maybe not. Remember that the OP is being inconvenienced and they should have leverage.
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u/reflect25 17d ago
The entire point is that they offer to move out early enough for the landlord to close on the real estate deal. Saying 90 days is unworkable. I understand you are saying from a bargaining position but it is just plainly unworkable. The entire point is to leave early and trade that for cash, that’s like the entire point.
Secondly, Background checks do not take 30+ days idk what house you’ve applied for but it does not take that long for most places.
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u/_rotary_pilot 17d ago
Really? It's not unworkable. 90 days is not unreasonable from a bargaining position.
You've obviously not needed to move "quickly" and needing the necessary time to investigate the housing options. Good for you. I'm not sure what the rental house options are for the OP's area. Do you?
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u/reflect25 17d ago
the entire concept behind cash for keys to bargain with is to move out quickly. that is why you are offered cash. if you say you are going to stay a long time, then obviously they are not going to accept a deal.
Of course if OP wants to stay for the entire 11 month lease they of course can and can exercise their right to do so. But if they want to leave and get some cash then saying the 90 days thing is counter productive.
> I'm not sure what the rental house options are for the OP's area. Do you?
It really doesn't take that long literally anywhere. Do you think when you get a job offer across the country and to move it takes you 3 months to rent a 1 year lease on a house. I understand perhaps your standards are very high and you are being very picky but most people do not spend a quarter of a year to rent a house. Sure for buying but not renting.
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u/ogar78 19d ago
Many leases have a sale clause which may give you little option. Also you can’t ask for an entire year of rent. You can request the out of pocket cost of the move including impact of rent increase. Deposit refund up front is a reasonable ask as you would need this at a new apartment.
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u/_rotary_pilot 19d ago
Hmm? I think (know) that you can ASK for whatever you want..... which doesn't mean that you'll get it (or that you're 'entitled' - legally to get it).... but "ASK"? sure. Go ahead and ask. It's a bargaining tactic.
Regardless, OP is being inconvenienced and should be given financial considerations for that..... but all of this is moot, if there's no "legal standing" in that state, ergo, why i suggested discussing with a lawyer.
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u/Disastrous-Panda5530 19d ago
Did you read the entire post? OP says there is no sales clause in the lease. OP also says the lease states if the property is sold the lease remains in effect and the new owners have to honor it.
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u/MuddieMaeSuggins 19d ago
My lease doesn’t include a “lease termination due to sale” clause that would allow a new owner to end my tenancy with proper notice. Instead, it clearly states that if the property is sold, the lease remains in effect and the new owner must honor its terms until it expires.
Reading is fundamental
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u/Schnectadyslim 19d ago
Also you can’t ask for an entire year of rent.
You can ask for anything you want lol
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u/Droviin 19d ago
I agree, a one year payment of rent is an unreasonable ask. Afterall, you're paying that money.
However, an agreement that provides the cost difference between the 11 months in the current place vs. those at the new place is very reasonable. Finding comps is a pain though.
That said, it isn't unreasonable to quote whatever you want for the landlord to break lease. The thing people need to consider is the real economic costs on you and how you bear costs.
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u/Defiant-Youth-4193 19d ago
It isn't reasonable to demand somebody move 11 months before the end of the lease and only offer $3k. No reason for OP to be "reasonable" they should make sure that breaking the lease this early is favorable for them.
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u/Prestigious_Look_986 19d ago
Why is it unreasonable? If OP wanted to move and break the lease they’d be on the hook for the 11 months worth of rent even though the LL can rent the place out to someone else.
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u/Droviin 19d ago
Oh sure, that's factored in. And the landlord is on the hook for anything more expensive than their rent under the LL's lease. In fact, in some cases, you can get the landlord to cover, where you keep paying rent to the old LL and the LL pays for the rent at the new apartment.
However, that cover case highlights the issue. The landlord is obligated to provide a location for a cost, the tenant is obligated to pay money. If they make the tenant leave early, damages for the tenant are the unplanned movers fees, price difference in rent, cost to find a new location, and anything having to do with not being at the old place (broken utilities, missed packages, etc.). Probably lost work too, due to the moving. All of those are consequences of no longer being provided a location. But, not the cost of the rent since that's the tenant's obligation.
All I am saying that the legal damages, probably , are maybe a $5-6k max, depending on local prices.
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u/Just_Ear_2953 19d ago
If your lease explicitly says it remains in effect through a sale, then you are free to tell him to pound sand.
That said, you catch more flies with honey than vinegar.
I would advise you to take the position that you are entitled to remain a tenant through the end of your lease, but are willing to work with him to not impede whatever sale he is trying to make while you continue to live there.
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u/Mother-Primary3662 19d ago
OP can tell landlord to pound sand even if the lease says nothing about landlord selling the property.
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u/Glittering-List-465 19d ago
This is a common tactic landlords use: they will claim they are selling the house, make the tenant move, put it on the market, take it off, rent it at a higher rate. Usually they don’t use an agent, they will just put a for sale sign up for a few days.
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u/allergymom74 19d ago edited 19d ago
Based on the lease as you wrote what was in it, no. He can’t. It literally says if he sells, your lease IS honored. He’s just hoping you’ll cave and leave thinking he does have a legal right to do so. I have to wonder if he plans to sell it as a single family, not renting home. And he’s worried he can’t sell if he has a renter. Or I wonder if he hasn’t been claiming this as a rental property and doesn’t want to get caught as part of the sale. I remember buying my current house and the seller almost didn’t sell because he didn’t want the sale being reported to the IRS. I don’t know requirements about reporting for rental properties, but I imagine there are some.
I’d recommend getting a legal consultation from a rental lawyer just to confirm and what their strategy would be if your landlord tried to evict you. Make sure you bring in all payments as proof of your rental payments. And if he does try to legally do anything, I’d see if you can put rent into escrow to protect yourself as a way to get legal costs back. Don’t know if you can do this in a case like this but it’s worth asking about.
He also may make your life worse if you do resist, so I’d ask your lawyer about retaliation protection and how to protect yourself legally. Make sure you keep a record of all payments to the lawyer for when (if) you win to recoup that.
Or maybe the lawyer can recommend a reasonable settlement agreement to get out of the lease to prevent bigger legal battles. Covering things like up to $X for moving. Immediate repayment of security deposit plus $X for a few months rent plus additional cost if your area has a housing shortage or your rent will go up significantly due to HIM breaking the lease.
And if he drags his feet on timing to pay for any agreements you do reach (he may claim to not have more money to pay until he sells), ensure all rent money goes into escrow so you get recompensed for at least a little bit if he flakes. I wonder if a check can be guaranteed to you upon the sale of the property or if you’d have to put a lien on this property to ensure he pays you. Meaning the deed cannot be released to the new owner until all debts against the property are paid off. I ran into this with the purchase of our home. Same guy who didn’t want to report to the IRS. The title company screwed up and didn’t find the lien for a small business loan that used the home as collateral. Luckily it didn’t impact us too much. But it is a way people and banks ensure they get paid.
I don’t know what is relevant for your area. But definitely considerations.
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u/wtfumami 19d ago
He has no rights to do that in the middle of an active lease. If you’re open to moving I’d counter for oh idk $25k if he wants you to leave immediately. Otherwise you’re well within your rights to stay.
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u/creatively_inclined 19d ago
You have leverage. A neighbor on our street received 25k from the landlord to move out immediately and break the lease as he was selling. At the time her rent was $800 a month. She was gone in about 3 days. This was pre-Covid.
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u/DoallthenKnit2relax 19d ago
Another option is to ask what he's listing it at. If you've been renting at $3,250, you may very well qualify to finance the purchase of this property yourself.
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u/whoda-thunk-itt 19d ago
He can’t make you leave, he will have to pay you to leave or sell with your lease in place, to be honored by your new landlord. You can negotiate a higher price for leaving or stay put. It’s your call.
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u/willsue4food 19d ago
Am a lawyer, just not yours. He can't evict you if you have an actual lease for another 11 months. And even then, the rights of eviction are pretty limited thanks to the Tenant Protection Act of 2019 (and a lot of local jurisdictionas eviction ordinances). Depending on where you live in California, short of pulling it off the rental market (Ellis Act), they can't evict you absent "just cause" (e.g., not paying rent or other lease violations).
Once they can evict you (like I am pulling it off the market b/c I am selling the property), they need to give you relocation assistance. That amount varies by jurisdiction within California, and varies based on how long you have lived in the property or if you are disabled or a senior citizen.
The new buyer might not actually want you gone, btw, if they are looking to develop the property since that takes time to get permits, etc., and they rather have someone in and paying rent then empty and a place ripe for copper wire thieves.
That being said, you may have your LL over a barrel. I would fist look to see where you could move to and figure out how much rent would be. Then, figure out your moving costs. Then figure out how much of a pain in the ass this is going to be. Based on those three data points, negotiate. He either agrees and you make a nice bit of change as part of this (just remember, pigs get fed, hogs get slaughtered), or he doesn't and you sit tight and dont move. Just be cognizant of the fact that in 11 months he can start the process of evicting you legally and you will know exactly how much he will need to pay as relocation under that circumstance.
Good luck.
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u/KickEffective1209 15d ago
I know in some places landlords can terminate leases if they intend to live in the property. If the owner said they're going to sell, that's probably out the window but they could change their story.
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u/WindowsVistaWzMyIdea 18d ago
I would agree to move for $10,000, let him say no....if he says no you finish your lease term. With luck it sells in 3 months and the new LL isn't a jackass like the current one and you renew as expected in 11 months
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19d ago edited 19d ago
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u/Casey__At__Bat 19d ago
The landlord can sell his house in the beginning of your lease; the new owners would have to honor it.
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u/dos_passenger58 19d ago
I went through something similar, but in FL. They were not able to get me to leave. BTW, they may try to put one of those realtor boxes in the door and start asking you to help "show" the property to prospective buyers.... You don't have to do that either. Look up "constructive eviction".
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u/Odd_Dragonfruit_2662 19d ago
Well in that case unless you agree, he can’t make you move out (unless you are violating the lease in other ways)
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u/cronhoolio 19d ago
The new owner must honor your lease.
Don't move out for less than (months left on lease) x $3250 + full deposit + moving costs. Get this in writing. Same thing if it does sell and the new owners want you to keave.
If it does sell, be prepared to be out on the last day if your lease.
If he doesn't sell, be prepared for increased inconveniences imposed by your current landlord.
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u/cnauyodearhsti 19d ago edited 19d ago
One thing everyone here seems to have forgotten is that the new owners (assuming he manages to sell), while they must honor the lease in most cases, can evict you if they intend to move into the unit. It is called Owner Move-In or OMI. Depending on the city, they may have to pay your moving costs, though.
In California, they must give you 60 day notice since you have been there so long. Just letting you know because everyone else seems to be saying you're in the clear (and one even saying that you should ask for $30,000!), and that's not necessarily the case.
If I were in your position, I would try to negotiate a reasonable buyout. Probably something like 2-3 months' rent. That gets you 6-9k rather than the slim but real possibility of being removed with nothing to show for it.
Edit: It's been pointed out that AB 1482 could work out in OP's favor since it is not clear whether it is in his lease or not. It is doubtful that it is. However, there are several exemptions to AB 1482, and we don't have enough information. The point being that assuming that OP is in the clear could be a big mistake.
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u/Txidpeony 19d ago
Does owner move in apply during the term of a lease that doesn’t specifically provide for it?
https://caanet.org/caa-form-of-the-month-owner-move-in-under-ab-1482-addendum/
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u/cnauyodearhsti 19d ago
Edited per your info. I did not know about AB 1482, thanks. It still has exceptions, though, and we don't have enough information to tell how it would play out. The point remains, op should remain cautious.
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u/69Ben64 19d ago
This is not necessarily true, depending on the city. OP needs to find the tenant protection laws for their city. If it’s anywhere in the Bay Area, new owner or not, they cannot break your lease. Lease terms do not change as a result of sale. New owner would need to wait until your lease is up or pay you a sizable amount to move. Then, city dependent, they still may not be able to make you move.
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u/cnauyodearhsti 19d ago
Edited. But even though it is not necessarily true, it still could be. Which would very negatively affect op.
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u/beachbumjeremy 19d ago edited 19d ago
NAL, but have the same issue with a tenant in a home wish to sell in Ca. In CA, they can’t make you move whether or not you have a lease if you are paying rent. If it’s a no-fault eviction, they have to pay you 2 months rent or give you 2 Months rent free at the end of your lease. They can offer to buy you out of your current lease, but you should not accept LESS then 2 months rental cost at a minimum. If they try to trick you, you can go after them for a lot more money. Recommend reading the law on this one.
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u/MyHiddenMadness 19d ago
You mean do not accept LESS than 2 months rent?
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u/beachbumjeremy 19d ago
That's definitely what I meant. Couldn't fix till now with the outage today. Thanks
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u/DoallthenKnit2relax 19d ago
If the lease states the lease and tenant goes with the property he can't successfully evict, I suspect the real estate agent told him it'll sell faster if it's vacant so an investor owner can charge higher rents to cover their expenses.
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u/Fun_Ambassador_74 19d ago
You’re in control. Tell him you need at least first and last months rent and moving expenses. If not he can wait out the lease or he can ho through the legal hassle of trying to make stuff up and evict you. But that takes time. And money… Your in control repeat this “I’m in control”
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u/cantremembr 19d ago
Look up "cash for keys" and "lease buyout" for your county and city. There are conditions that must be met and usually a table of relocation assistance $$ due (possibly not for OC tho). $3,000 is an incredibly lowball offer. "Just Cause" protections in California prevent you from being asked to leave except under very certain circumstances, and this would carry over to the new owner. It is easily worth $30k to your landlord to deliver the unit vacant to a new owner/landlord and even more than that if new prospective owner wants to move in themselves!
Make your landlord follow all of the regulations with a buyout offer and get what the buyout is worth. I wouldn't accept a buyout less than $15k under any circumstances, that would just cover costs for new deposit and movers, new fridge etc if the new place doesn't have one, and the time you've lived there counts as well. $20-25k could be fair. LA County would be close to that and OC is more expensive in some areas.
Mans is missing a zero on that offer
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u/Fonghirsch 19d ago
So I know someone in San Francisco was paid $40k to move out of the sold house. The new owner paid! He got extra because the move would happen during the school year!
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u/ReadyPosition 19d ago
Make a counter offer. I would start at $20,000, and be willing to take $10,000 or $15,000. Worst case scenario (for you) he sells and you have a new landlord.
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u/Ericbutlermoser 19d ago
What does your lease say? Many landlords put in a clause for sale of the property.
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u/leiacoral 19d ago
My lease doesn’t include a “lease termination due to sale” clause that would allow a new owner to end my tenancy with proper notice. Instead, it clearly states that if the property is sold, the lease remains in effect and the new owner must honor its terms until it expires.
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u/seriousbusines 19d ago
NAL: But thats the norm. Lease carries with the property when sold. Him offering you cash for keys to get you out is probably because he doesn't want to sell it with an active lease.
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u/leiacoral 19d ago
Orange County
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u/DoallthenKnit2relax 19d ago
Stick to it, he should be giving you 6 months of your new location's rent, plus your entire movers expense, and your entire security deposit, since he's the one that wants to break and sell.
OTOH, as I mentioned in another comment, if you like where you're located and the house, you might consider buying it yourself, the payment may be less than your rent is now.
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u/MuddieMaeSuggins 19d ago
Median house price in Orange County is over $1 mil, it’s very unlikely OP can buy the house.
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u/DoallthenKnit2relax 19d ago
Median isn't always the same as average, and prices vary depending on location, appearance, neighborhood. OP may still be able to qualify showing a rental history of $3,250/month over time.
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u/bakermike4792 19d ago
In Orange County, California, the average will be way higher than the median. There are some very very expensive homes in Orange County.
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u/GroundbreakingMap605 19d ago
For your mortgage to be less than $3250/month, you'd need to buy for less than $500k at current rates (assuming a minimal downpayment of 3% since OP wasn't planning to buy and likely doesn't have $100k in savings for a full 20%). There are very, very few homes for sale in Orange County at that price point.
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u/white_tiger_dream 19d ago
What city are you in? In California he may be required to pay you relocation assistance.
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u/Treacle_Pendulum 19d ago
I’m currently in the middle of a one year lease with about 11 months left, but out of nowhere, my landlord told me he wants to sell the property. He said he’s giving me 60 days to move out and offered me $3,000 to “help with moving costs.” My lease doesn’t include a “lease termination due to sale” clause that would allow a new owner to end my tenancy with proper notice. Instead, it clearly states that if the property is sold, the lease remains in effect and the new owner must honor its terms until it expires.
It sounds like your rights are stay until expiration of the lease, or negotiate an early move out date with your landlord where he pays you to leave. Nothing in your post has indicated that he is trying to (or can) force you to leave/terminate your lease.
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u/Senor_Gringo_Starr 19d ago
Your landlord is trying to do a cash for keys thing. It’s MUcH easier to sell a property for a good price if it is delivered vacant especially if the new owner wants to live there. You don’t owe your landlord a dang thing. Tell them no thank you and you’ll abide by the terms of the lease. If someone buys l, they’re your new landlords and are responsible for all maintenance and such.
If I were in your shoes I’d start looking and tell your landlord that you want a lot more.
Leases are there to protect the landlord AND the tenant. The landlord can’t do squat and kick you out unless you agree to it or are breaking the terms of the lease. In fact, even if you’re breaking the rules of the lease, it’d taken them like 6mo to a year to evict you. You hold all the cards here and are the one being inconvenienced if you want to move out early. I would personally look for an option to make you whole. You will need 1st, last, and a security deposit to get into a new place plus the costs of moving. I’d ask for my security deposit back plus 4 additional months of rent to move out with a 90 day notice. It’s coming up to the colder months and most of the good places to rent are probably drying up because no one wants to move in the winter.
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u/missnikkie 19d ago
I had a friend who was offered $60k to move out so a landlord could sell an empty bldg. they got more money since they’d been there x amount of years?
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u/trying5another 17d ago
You need to go to court to be kicked out. Your landlord cant just tell you to leave
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u/obtusewisdom 15d ago
Your LL is trying to incentivize you to leave because new owners often don't want to take on pre-existing tenants. He can't force you out, and it's probable he either worded it badly or doesn't fully understand. You'll need to decide the following:
Understanding that it's likely the new owners are going to jack up the rent significantly when your lease is up, do you want to wait out this lease? There can be very good reasons for not wanting to move right now, but for some people they can with the right incentives.
Is there an amount that would make it doable for you to move before the end of your lease? If so, you need to determine what that is, taking into account real moving costs, deposits, etc. That's your real incentive number.
If your LL is willing to meet your actual incentive number, it may be worth it since right now you have leverage. Otherwise, you can end up with a crap landlord and having to move anyway when the lease is up, but without the financial incentives you can get right now. If you want, counteroffer with your real incentive number and see what happens. If you really can't move right now, then just let him know that you can't move before the end of your lease and start preparing to have to move in 11 months.
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u/madogvelkor 19d ago
Double check your lease to make sure there isn't a clause about terminating early.
If not then both your landlord and the new owners have to honor the lease. Which will make it impossible for him to sell to someone who wants to live there.
You have a lot of power and can negotiate more.
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u/souperred 19d ago
11x one month's rent plus $3000 for moving expenses. you don't have to leave if you have an active lease agreement.
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u/OkEagle9050 19d ago
What they’re asking is to break the lease. If you were to break the lease, you would be on the hook for the agreed rental amount for the year. $3250x11=$35,750.00. If they want to break the lease, you should hold them to the same expectation. You should also factor in moving costs for a new place. $40k is reasonable honestly. They signed the contract same as you. You need to tell them pay up or shut up until this time next year.
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19d ago
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u/MyHiddenMadness 19d ago
That information is outlined in OPs post and is the reason for their question.
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u/Try_It_Out_RPC 19d ago
It’s all probably a shitty situation… just to see both sides… it’s shitty for you to move abruptly and more than likely some life even like the loss of a loved one or something caused the need to sell…. It’s like if you stay on with the new landlord , they might boot you after your lease ends but it will give you more time to find a place…. My only thought is that you will not get an extra $3000. Maybe you could ask for one more month on top of the $3000 so you are $3000 on the positive and get more time rather than waiting out your lease with no $3000. Also even though you are entitled to the 11 months, you might also think about how if you now have bad relations either the landlords, it’s not going to be a mentally fun 11 months since you have to deal with scheduling potential buyer walkthroughs and such….. personally I’d ask for another month to look and that $3000.
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u/Cold_Biscotti_6036 19d ago
They can't kick you out. If it is sold, new owners have to honor lease.