Monday, April 30, 2012

To sell an investment property in California, how much notice must landlord give to tenants?

An owner/landlord can end a periodic tenancy (e.g. a month-to-month tenancy) by giving the tenant proper advance written notice.  

"Proper" notice depends on circumstances.

If anyTenant or resident has lived in the rental property for less than one-year, the owner/landlord only needs to serve them a 30-day "No Cause" notice, consistent with State law.

If every tenant or resident has lived in the rental unit for a year or more, the owner/landlord normally must give the tenant(s) 60 days advance written notice.

However, the owner/landlord can reduce the 60 days to 30 days if all of the following are met:
  • The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends.
  • The selling landlord must have opened escrow with a licensed escrow agent or real estate broker, and
  • The selling landlord must have given the tenant the 30-day notice no later than 120 days after opening the escrow, and
  • The landlord must not previously have given the tenant a 30-day or 60-day notice, and
  • The rental unit must be one that can be sold separately from any other dwelling unit. (For example, a house or a condominium can be sold separately from another dwelling unit.) 203
The landlord usually isn't required to state a reason for ending the tenancy in the 30-day or 60-day notice


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