Legal Question in Real Estate Law in California

Re: Tenants Blocking Sale

No. The law provides for a balancing of rights between the landlord and the tenant:

1. The landlord can enter the tenant's premises for the purpose of showing it to a buyer (Civil Code sections 1954(a)(2) and (d)(2)), but

2. The landlord must give reasonable notice, presumably 24 hours (Civil Code section 1954(d)(1), but see also 1954(d)(2)).

3. Tenants who unreasonably interfere with a landlord's right to sell the property may be liable for damages for a tort usually called "intentional interference with prospective economic advantage" or words to that effect.

4. If the tenants are month-to-month, this kind of behavior would, I think, be good cause to terminate their rental via a 30-day notice.

5. If the tenants have a long-term lease with significant remaining time, their rights under the lease will survive the sale of the property; they will simply have a new landlord. If they are made aware of this, perhaps they will be more cooperative.