I am currently renting a house from my grandfather which he will be signing over to my uncle. My uncle has sent me a notice to quit although I have a 3 year fixed term lease with two years until its expiration. I have paid rent on time for the past year and have no other problems with renting the condo. Can he evict me? And if so, under what circumstances? He is claiming it is a family crisis due to the failing health of my grandfather.
To answer that question, one must first read the written lease agreement between you and your grandfather. Since I don't have the benefit of access to that document, it is not possible to provide any information about "cause" under the terms of the lease to terminate it. Outside of the lease, however, there is a provision in California law under which even a term lease can be terminated if the property is sold AND the buyer intends to occupy it as their principal residence. I don't have the citation to the Civil Code handy, so you may wish to do a little research. I am not aware of any law that indicates that this does not apply if the property is sold to a relative. You also need to ask the question here whether or not it is actually being "sold" or just transferred. Contact a local tenant's rights attorney to review the lease and determine if the exception for a sale is valid in this case.
David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiagibbslaw.com
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