Legal Question in Real Estate Law in California

Landlord to Tenant letter

I'm a Real Estate Agent, and I'm currently listing a property that is tenant occupied. Is there a form or letter that I can submit to the tenants, so they can learn about the transaction? I believe they need to be legally notified about the landlord's intentions of selling the property and the time range provided to free the property once an offer has been accepted. Please advice. Thank you!!


Asked on 7/03/06, 6:42 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Landlord to Tenant letter

What do you mean, "free" the property? Sale of the house won't divest the tenant of his or her leasehold, unless "termination upon sale" is a term of the lease. It rarely is.

Upon sale of the house, the tenant will simply have a new landlord. If the buyer wants possession, the buyer will either have to bargain with the tenant or wait for the lease to expire.

Of course, if it is a month-to-month tenancy, the tenant can be given appropriate notice, and at the end of the notice period any forther occupancy would subject the tenant to an unlawful detainer action.

The buyer and seller must also comply with Civil Code section 1950.5(h) respecting handling of the tenant's security deposit, if any, in one of two lawful methods.

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Answered on 7/03/06, 7:16 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Landlord to Tenant letter

I need to supplement my answer. My answer assumed this was residential property, with residential tenants. If it is commercial or industrial, similar legal concepts apply, but refer to Civil Code section 1950.7 instead of 1950.5.

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Answered on 7/03/06, 7:21 pm


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