Portland, OR asked in Landlord - Tenant for California

Q: How much notice is required from a landlord before selling tenant occupied property?

I’m renting on a month to month lease. Though my landlord assured me he was not selling he has now changed his tune. I maintain that he needs to give me written notice 60 days in advance before asking me to make the place available for showing. What are my rights?

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Your location shows as Portland, OR, but your question is posted in the California law section. If you are in California, your rights to notice and entry by the landlord and agents to show the place for sale are found in Civil Code section 1954. Under that section, there is no 60 advance notice requirement. You should read the whole section, but take particular note of the following:

(d) (1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.

(2) If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.

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