Legal Question in Real Estate Law in California

Hello. I'm trying to sell an investment property I have rented out. My tenant does not want me to show the property and her lawyer just told me I have to provide 120 days notice before being able to enter the property. This is not how I read the law (california civil code 1954). Do I have to provide a tenant 120 days notice in California before showing a property I have put up for sale? It's my understanding I have a 120 day window to provide 24 hour oral notice, provided I have given her written notice that I'm selling the property. Is this correct? Thank you.


Asked on 9/03/10, 6:22 pm

2 Answers from Attorneys

You are correct. Normally you must give 24 hours written notice before entering the unit, with exceptions for emergencies, etc. You can avoid the normal written notice requirement for entry of a dwelling unit, by giving one written notice within the last 120 days that the property is for sale and will be shown. You are then allowed to give oral, rather than written notice of showings at least 24 hours before. There is certainly no requirement that you give four months notice before you start showing the property. Your lease should also provide for entry to show the property to prospective renters or buyers, appraisers, etc. Assuming that is the case, if the tenant has refused to allow the property to be shown, or if she refuses, give her a three day notice to comply with the lease or quit. Also advice her and her attorney that if she continues to interfere with showings you will terminate her tenancy for breach of the lease, and bring an action not only for unlawful detainer but also for intentional interference with prospective econonmic advantage.

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Answered on 9/08/10, 6:36 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. Her attorney grossly misstates the law. You give a written notice to the tenant that you are going to put the property up for sale, and withint 120 days, you may give her oral notice , 24 hours in advance, of your desire to enter to show the property.

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Answered on 9/08/10, 7:27 pm


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