“I want to sell a house I own that’s currently tenant occupied. What rules do I need to follow on giving my tenant notice to move?”
Answer:
If the tenant has been in for under a year, you can give 30 days notice to vacate IN WRITING and correctly delivered.
However, if they’ve been in for a year or more, you must give 60 days notice unless ALL the following are met, in which case you can give 30 days notice [Cal. Civ. Code 1946.1(d)]:
The home is a single unit (i.e. a house or condo, but not a duplex, triplex, etc.)
The owner is in contract to sell to a real purchaser for value.
Escrow has been opened.
The buyer is a natural person(s).
Notice is given within 120 days after escrow is opened.
Notice was not previously given to the tenant
The buyer intends to live in the property for at least one full year.***
***This is the key point: the buyer must intend to live in the home for at least a year. (I assume seller is not penalized if he acts in good faith and the buyer ends up not living there a full year.)
Note: this is CALIFORNIA law and may not apply to other states. And as this is a legal question, please confirm the above with an attorney.
