Legal Question in Real Estate Law in California

real estate

Can I sell my house during the lease? I leased out my property om December 08 for one year, but now because of financial issues I need to sell it. My tenant does not let me bring some buyers over, eventhough I promissed that she will stay until the end of the lease agreement. What should I do?


Asked on 5/25/09, 5:52 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: real estate

(1) Yes, you can sell a leased property. All that happens is that the tenant gets a new landlord. Neither you nor the buyer can evict the tenant, or change the terms of the lease, unless the lease contained a provision allowing this (few do).

(2) The tenant must allow the landlord to show the premises to prospective buyers upon reasonable prior notice. In certain circumstances, oral notice is OK. The law is too long to quote, but you can find it on line: Civil Code section 1954

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Answered on 5/25/09, 7:27 pm


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