I rented this place in August '09 as a month - to - month . I was contacted by the HOS in July of last year that I had to start paying the rent to them since the owner was no longer paying them . So I did . Yesterday I received a notice that the place was sold in a Trustee Sale last month . They are asking me to surrender the premises immediately . I don't have an active lease , although I do have receipts of my payments to the HOS . How much notice to vacate are they required to give me ? I contacted the number on the notice and tried to obtain information . I was told that if I provide them with a copy of my lease & payment receipts they could tell me what they expect for rent and such . Should I provide them this information ?
Workers' Compensation Lawyer
You need to get 15 days notice for a month to month lease. Yes, cooperate and see if that gives you some extra time.
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1. Make sure that the trustee sale was for foreclosure. Trustee sales may also occur if the owner fails to pay property taxes.
2. If it is a foreclosure, you are entitled to 90 days notice even as a month to month tenant. Protecting Tenants At Foreclosure states that state law may only lengthen the time period. The 15 days notice would only apply if it was still the original owner with whom you signed the lease asking you to leave.
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The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when the landlord needs the tenant to vacate. Generally, landlords are not allowed to require tenants to move to another location, but it may be that the landlord would be willing to work out a deal to cover the cost of movers. The notice requirement for a month-to-month agreement is 15 days. I recommend you talk with an attorney about your situation.
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