Legal Question in Landlord & Tenant Law in California

Re: for sale

Here's the applicable law:

Civil Code � 1954. Landlord's right of access to dwelling unit; Notice of entry

(a) A landlord may enter the dwelling unit only in the following cases:

(2) To ... exhibit the dwelling unit to prospective or actual purchasers ....

(d) ...the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.

(2) If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.

Re: for sale

You are not even required to leave, and the sale is subject to your tenancy unless the rental agreement provides otherwise. If they give you reasonable notice of the desire to show the house -- you have to make it available. That doesn't mean you must be present at the time it's shown.