Carlsbad, CA asked in Real Estate Law and Landlord - Tenant for California

Q: Due to unforeseen circumstances we have to sell our rental property. Our lease agreement does not have a clause for that

With no clause for lease termination due to having to sell the house. What type of notice do I have to give my tenant? 30,60 day? We are in CA

1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
Answered
  • Del Mar, CA
  • Licensed in California

A: You should give him written notice that the house is for sale and that you would like to show the house on 24 hours telephone notice. That notice is good for 120 days. Other than that, just wait and see if it sells. IT depends on whether you have a fixed-term lease, or a month-to-month agreement. He acquires the property subject to your lease. If you have a month-to-month, you are subject to a 30-day notice if year or less, 60 days if one year or more. Of course you may move on 30-days notice also.

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