I am selling my house I notified the tenants they are reluctant. They are on a month to month lease. Is a 30-day notice legal?

Asked by Cheryl Vahey, Alameda County, CA Wed Feb 1, 2012

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Matthew Bart…, Agent, Glendora, CA
Wed Feb 1, 2012
Hi Cheryl,

If your tenants have lived in the home for 12 months or more, then 60 days notice prior to sale is required. If they have lived in the home 12 months or less, then 30 days notice is appropriate. Make sure your notice is given in writing and try to take into consideration your tenants concerns with regards to showing the property. I also recommend that you speak with an Attorney that specializes in Real Estate law just to make sure you have all your ducks in a row. Good luck!

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Keith & Kins…, Agent, Verona, WI
Wed Feb 1, 2012
This completely depends on your lease contract and local laws. In my contracts, I have to give 60 days notice to terminate a lease. There's potential you could put it on the market for sale prior to the tenants moving out. In the past, I've given the tenants $20 per showing as rent credit when I've listed a tenant occupied property for sale. This gives them some motivation to cooperate, and keep the house clean for showings.
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Crissy Sprin…, Agent, Amarillo, TX
Wed Feb 1, 2012
I would be hesitant to give you a definite yes or no on that. Most leases address notice issues after the lease term has expired. I would go back and read your original lease and see where that leads you. If that is unclear you may want to contact a local real estate attorney.
Crissy Springs
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