Legal Question in Real Estate Law in California

I have a rental property with tenants � 1.5 years remaining before lease expires. The tenant has agreed to exit the premises if and when we sell the property. I assume I�ll need to add an addendum to the existing lease stating I�ll give the tenant a 30 day notice when the property has reached a point when I�m certain the purchase transaction will occur. Note: The tenant has agreed to the above.

Question: I realize you can put anything in a contract and have both parties agree/sign, but if it�s not legal then ����. Is it legal to give a tenant a 30 day notice when both parties have agreed to the terms?


Asked on 11/16/09, 4:45 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, you didn't say whether this is residential or commercial property, or maybe something else (agricultural). The rules are mostly the same, but there are some differences, including the applicability of local rent-control and tenant rights ordinances. I'm going to assume its is a residential lease and that there are no contrary rent-control provisions.

Next, as I suppose you are aware, selling a property does not disturb the rights of a tenant, unless the lease contains a termination-on-sale clause (which is rare). All that happens is that the tenant gets a new landlord.

What you are proposing to do is, in effect, to modify an existing lease to add a termination-on-sale clause with a 30-day notice provision. I suggest giving the tenant a small consideration ($20 ?) in exchange for his promise to allow termination and surrender possession upon 30 days' notice of a pending sale.

The modification agreement should be in writing and signed by both parties. It should make sufficient reference to the lease and the premises (address) so a court could tell what it was in reference to. Also, the modification should make it clear that the tenant is also relieved of obligation to pay rent once he vacates following notice to do so.

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Answered on 11/21/09, 5:11 pm


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