Few things worry renters more than seeing “For Sale” signs pop up on their building. But if the property changes hands, what rights do you actually have? It varies by state — though in places like California, New York, New Jersey, Florida and Texas, renters can breathe a little easier thanks to laws that block immediate evictions after a sale.
In California this year after living in her space for three years, Celia’s landlord sold her apartment building, and she got a message saying she had to vacate the apartment the next day. In California, tenants who have lived in a rental for more than a year are entitled to at least 60 days’ written notice before being required to move, unless the tenant has done something that legally justifies a shorter notice period, such as failing to pay rent or violating the lease [1].
What could she do? As it turns out, Celia can push back by citing California Civil Code § 1946.1, which guarantees that right for tenants who have lived in a unit for more than a year. Her best recourse is to file a complaint with the local housing authority or seek legal action in court to enforce the notice period and, if applicable, request relocation assistance under the state’s Tenant Protection Act.
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Understanding your notice rights
Because leases are connected to a space and not the owner, this rule applies even if the property is being sold to someone else. If you have a fixed-term lease, the buyer generally takes over as the new landlord and must honor the lease until it expires. Moreover, if you are on a month-to-month agreement, the 60-day notice requirement still applies.
Similar laws in other populous states provide the same protections. In Texas, tenants in a month-to-month rental must receive at least 30 days’ written notice before being required to move, unless they have violated the lease or failed to pay rent. In Florida, landlords ending a month-to-month rental must give at least 15 days’ written notice before the end of the monthly period. In New York State, tenants in a month-to-month tenancy must be given at least 30 days’ written notice to move out if they have occupied the unit for one year or less, 60 days if they have lived there more than one year but less than two, and 90 days if they have lived there for two years or more.
Big cities don’t just rely on state laws — many, such as New York City, San Francisco and Chicago, have their own tenant protections, too. Renters in these metros may be in rent-controlled or rent-stabilized apartments, which usually mean better maintenance standards and stronger safeguards against eviction.
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Do you get relocation assistance for no-fault evictions?
Under California’s Tenant Protection Act (AB 1482), if you are evicted for “no-fault” reasons, such as the property being sold to an owner who intends to move in, your landlord may be required to provide relocation assistance. This can take the form of either a direct payment or a rent waiver equal to one month’s rent. Some cities and counties in California have even stronger local ordinances that require larger payments, so it’s important to check your local rules.
For most other states, relocation assistance depends on the reason you are being asked to leave. Generally, if the home is being demolished for a state project, like a road or public facility, you are entitled to relocation assistance.
How to respond if you’re given too little notice
The first step is to request a written notice that clearly states your move-out date. Verbal instructions or vague emails are not enough to start the legal clock. Once you have the written notice, check the date carefully to ensure it meets the 60-day requirement.
If your landlord insists on an earlier move-out date, you can take several steps:
- Cite your legal rights in writing. Reference the California Civil Code that requires 60 days’ notice for tenants of one year or more.
- Contact a tenants’ rights organization or local housing authority for guidance. They can help you understand your options and may even offer free legal services.
- Seek legal counsel. While private attorneys can be expensive, many communities have nonprofit legal aid groups that assist tenants for free or at reduced cost.
- Negotiate if necessary. If you are willing to leave earlier, you might request “cash for keys” — a lump sum from the landlord to help cover moving costs in exchange for an earlier departure.
Document everything, including texts, emails, and letters. Written proof of your landlord’s statements can be critical if the matter ends up in court.
The bottom line
Landlords cannot simply decide to shorten your notice period because it’s convenient for them or a new buyer. If your landlord pressures you to move before the law allows, you have the right to push back, seek legal help, and, in some cases, receive relocation assistance to make the transition less financially painful.
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[1]. FindLaw. “California Code, Civil Code – CIV § 1946.1”
This article originally appeared on Moneywise.com under the title: My landlord recently sold my apartment building — and then asked me to vacate immediately. Is that even legal?
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