Landlord Notice to Sell the Property

When you decide to sell a rental property, you have one potentially unpleasant task ahead -- giving your tenants a notice to vacate. California has certain rules regarding how to go about doing this. It's important to familiarize yourself with these rules to ensure you do everything by the book so the process goes as smoothly as possible. The proper procedures vary according to particular circumstances.

How Much Time

You need to give a tenant who’s been in the property less than a year a 30-day notice to vacate, according to California law. If your tenant has been in the property for a year or more, you need to give him a 60-day written notice to vacate. Some exceptions to the 60-day rule exist, where you can reduce the 60 days to 30 days. The exceptions are as follows: you will sell the property to someone who will live there for at least a year; you must open an escrow account with an escrow or real estate agent; you must give the 30-day notice no later than 120 days after opening the escrow account; you canNOT have given your tenant a 30- or 60-day notice before; and the property must be one that can be sold separately from another dwelling.

Serving the Notice

You don’t need to let your tenant know why you’re giving him notice, but you do need to serve notice the proper way. One way is to send the 30- or 60-day notice by certified mail or registered mail with a return receipt requested. You can also have it served personally by having someone hand, or leave the notice with, your tenant. You can serve your tenant at work if you can’t contact him at home. If you do this, you also need to mail a copy of the notice to the home. If you can’t reach your tenant at home or at work, you can tape the notice on the front door or another place on the property where the tenant is likely to see it. You also need to mail a copy of the notice to the home. This procedure is sometimes called “nailing and mailing.”

Not Leaving

If the tenant stays past the end of the notice period, he’s there unlawfully, and you’ll need to file an unlawful detainer lawsuit to get him out. If you haven’t told the tenant you’re selling the property and he wants to stay, be prepared for him to bargain with you to stay. Tenants who don’t want to move often do this. You don’t need to withdraw your notice or explain why. Just reiterate that you expect him to be out per the terms of the notice.

Showing the Property

If you intend to show the property, your tenant will figure out that you’re selling it. According to California Civil Code Section 1954, you can enter the dwelling to exhibit it to prospective or actual buyers, but you need to follow some rules. You must show the property during normal business hours unless your tenant agrees to some other time, and you must give your tenant notice at least 24 hours in advance of your intent to enter the property. You can give notice orally by telephone or in person if you’ve notified the tenant your plans to sell in writing within 120 days of giving the oral notice to show the property.

From: http://homeguides.sfgate.com/landlord-notice-sell-property-47017.html