Legal Question in Landlord & Tenant Law in California

Selling rental property.

The rental agreement I entered into with my tenants is a month to month and allows me to inspect the property with 48 hours notice. They have been there more than 1 year. I am selling the property and have entered escrow. The tenants refuse to allow access to the property for termite inspection, physical inspection, or to even allow the buyers into the property to view the interior. What can I do to facilitate the sale of this property? The tenants tell me I violated the law by not informing them 60 days prior to listing that I intended to sell, is that true? The tenants tell me I can only inspect 3 times per month, even after I've noticed them, or by doing so I am violating the law, is that true? Help, I'm between a rock and a hard place. Thank you, Les


Asked on 5/08/03, 5:36 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Selling rental property.

I don't know what your lease/rental agreement states, but generally you are entitled to enter the property at any time during normal business hours with reasonable notice, which has been defined as 24 hours, to show to prospective purchasers, etc.

A tenant, if on a month to month rental, is to receive a 30 day notice of the termination of the tenancy if they have lived at the property for 1 year or less, and 60 days notice if they have lived on the property more than a year. They are not entitled to any notice that you are planning to sell the property.

If they are on a lease, then they cannot be asked to vacate until the end of the lease term, unless your lease states that the lease automatically terminates upon sale of the property. Very few do.

If they do not allow you on the property, give them a 3-day notice for breach of covenant, and then start eviction proceedings if they do not allow you on the property.

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Answered on 5/08/03, 6:59 pm
Brad Lee Axelrod Law Offices of Brad Lee Axelrod

Re: Selling rental property.

A review of the lease would be necessary before an intelligent assessment could be made. If there are terms that set forth what happens in the event of a sale they would prevail unless those terms contravened public policy. 24 Hours is all that is required as far as notice to enter and inspect. You do not state where the property is located or if it is an apartment building, condominium or single family dwelling so it can not be ascertained whether you are subject to any rent control restrictions as to termination of the lease except for specified reasons. Please feel free to contact me at (310)559-9445 for a consultation. A three day notice would defintley be appropriate under the circumstances you outline.

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Answered on 5/10/03, 2:25 am


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