Legal Question in Real Estate Law in California

I own a rental property that I am currently selling and it is scheduled to close escrow in 30 days or less from today. 30 days ago I provided my tenants with a written notice that I was in the process of selling my rental property and I followed it up with a courtesy phone call. I understand that my tenants require 60 days notice under California law, so my question is whether the 60 day clock started from when I notified my tenants in writing 30 days ago or does it begin 60 days after the close of escrow?


Asked on 8/31/12, 4:05 pm

1 Answer from Attorneys

Neither. Notice that you are selling the property is not notice of termination of their tenancy. Also, if they have a lease, rather than a month to month rental, they are entitled to stay until the end of the lease. If they are month-to-month and have been there a year or more, you must give specific notice that their tenancy is terminated. It is independent of the timetable for the sale and escrow. It is simply 60-days from when you give a proper notice of terminating the tenancy. Just notifying them of the sale is not notice that the tenancy is terminated, since the sale could be to an investor/buyer who just wants to take over as landlord. Also, unless a condition of the sale is that you get rid of the tenants, you really don't have to do anything. Just keep collecting rent up until close of escrow, and make sure to transfer the tenants deposit to the new owners. Then it's up to the new owners to deal with both termination of the tenancy and the deposit.

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Answered on 8/31/12, 11:53 pm


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