Legal Question in Real Estate Law in California

Selling a property while in a rental lease
Hello. I own a rental property that I wish to sell. I currently have a renter living in the property, in the third month of a year's lease. There is no provision in the lease specific to my selling my property. Can I sell the property and require my renter to vacate, thus breaking the rental lease, or must I wait for it to expire?

Asked on 4/02/99, 11:47 am

Jed Somit Jed Somit, Attorney at Law

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Re: Selling a property while in a rental lease

The lease is not terminated by your sale. You can sell the property,

however, during the lease. The new owner is bound by the lease. This may

be acceptable to someone buying as rental property.

Otherwise, you can reach an agreement with the tenant to vacate (usually, pay him

money), or exercise any right you have for eviction (failure to pay, breach of a material

provision). You can sell to the new buyer knowing of the lease, and perhaps take a little

less. Don't try to force the tenant to leave by harassing the tenant.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910

Answered on 4/08/99, 8:06 pm

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