“I’ve heard if I sell my rental house I have to give the tenant 60-day notice. Is that right?”
Answer:
Cal. Civ. Code § 1946.1(a) and (b) says that landlords must provide 60 days written notice to terminate a tenancy if all tenants and residents have been in the property for at least one year.
But if any tenant or resident has been residing in the property for less than one year, 30 days written notice is sufficient (Cal. Civ. Code § 1946.1(c)).
Additionally, the landlord can give just thirty (30) days written notice to terminate a periodic tenancy when ALL these conditions are met:
(1) the home is a separately alienable unit (e.g. condo, single family residence, townhouse; but not a duplex, triplex or other multi-unit property);
(2) the owner is in contract to sell the unit to a bona fide purchaser
(3) escrow has been established with a licensed escrow agent or licensed real estate broker
(4) the buyer is a natural person
(5) notice is given within 120 days after escrow is opened
(6) notice was not previously given to the tenant; AND
(7) the buyer intends to live in the property for at least one full year.
Please verify all of the above with your attorney.
