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Esquire Real Estate Blog

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Sale and Eviction of Tenants in Income Properties

Bryan Zuetel

Although a landlord must normally give at least 60 days notice of termination of tenancy to a month to month tenant who has resided in the property for more than one year, a landlord can provide 30 days notice, if all of the following are true:

 (1) The rental unit can be sold separately from any other dwelling unit (e.g., a house or a condominium can be sold separately from another dwelling unit);

 (2) The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has opened escrow;

 (3) The purchaser is a natural person or persons;

 (4) The notice is given no more than 120 days after the escrow has been established;

 (5) A 30 day or 60 day notice was not previously given to the tenant;

 (6) The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.

Civ. Code § 1946.1(d).

The notice must be personally served on the tenant or substitute served or served by posting and mailing, pursuant to Code of Civil Procedure section 1162.

Full Service Protection

As a full service attorney-broker, Esquire Real Estate can advise you regarding tenants in your property to be sold and can assist you with legally and properly evicting the tenants, if necessary outside of court, at no extra cost to you.