Selling Rental Property With Tenants In California

Selling a house with a tenant in California can be tricky, but it is possible. Not only can you sell your home in California with a tenant, but you can also sell your house fast if you need to. You will need to consider several legal requirements when giving tenants notice, as well as their rights during the sale. You will also need to balance the needs of your tenants with those of your potential buyers.

Read on to discover some of the most commonly asked questions regarding selling a house fast with tenants in California. With the answers provided here, you will be able to move through the process smoothly, having an explanation of the relevant regulations and laws by which your sale would be bound. They can also help minimize possible mistakes that could lead to loss of income or a deal.

Yes, a landlord can place a house for sale while still inhabited by a tenant. However, state law governs the rights and responsibilities of both the landlord and the tenant, as well as the terms of the lease agreement.

The new owner must honor the existing lease agreement and will need a cause to evict the tenant. The new owner must also provide the tenant with notice of the sale and their contact information. For example, suppose the new owner has plans to change the property significantly or to move in. Then, according to California Tenancy laws, they will have grounds to terminate the lease with proper notice.

Tenants in California have the right to live on a property that is in good condition and safe. They also have the right to proper notice from their landlord before a rent increase or the termination of tenancy.

During the sale of a rental property, the tenant has a right to be informed of the sale and to continue living within the property until their lease ends unless the new owner moves into the house in question. Tenants also have the right to seek assistance to relocate if the sale displaces them.

If a tenant’s lease agreement is up, the new owner can ask them to leave the property.

Tenants have the right to privacy and to enjoy their rental property quietly. If you intend to have an open house, you should give your tenants advance notice before the scheduled property showing. The landlord should also limit the number of open houses and showings to minimize disruption to their tenants. Tenants should also be given the option to be present for showings. They can be asked kindly to vacate the property temporarily.

Suppose a tenant has a written lease as of 2023. In that case, the property owner must give at least 60 days’ notice in writing before termination of the lease if they intend to sell the property, and the tenant will not be offered a new lease.

If the tenant has a rental agreement for month-to-month rent, the landlord must give the tenant at least 60 days of notice in writing before the end of their rental period.

Please note that this law can change, so it is best to check the legal requirements when considering placing the property up for sale. Your local housing authority will have the most up-to-date information to ensure you can comply with local and state laws.

Local and state COVID-19 eviction moratoriums must be followed that may change the notice requirement or prohibit eviction in some circumstances.

Unless the new owner plans on moving into the property themselves, California law allows the tenant the right to stay in the rental unit until their lease ends. The new owner must give the tenants a 60-day notice to vacate the premises. If the tenant does not have a lease, the legal requirement is a 90-day notice.

As you are the legal owner of the property, you are allowed to show your property according to California law. However, it would be best if you give your tenants reasonable notice for such showings. The state of California requires information about showings to be provided at least 24 hours before the showing date and start time.

You should schedule showings within reasonable daytime hours, so you are not disrupting your tenants too much. Even though you are the property owner, it is best to get the tenants’ consent before showing the home.
Again, you can consult with your local housing authority to get specific information on what is needed to ensure you comply with local regulations and laws. This is because there are sometimes exceptions and nuances to the rule in different localities.

Are Any Covid-19 Eviction Moratoriums In California That Affect The Process Of Selling A Tenant-Occupied Rental Property?
Your local housing authority or a lawyer is the best avenue for finding out the most recent regulations. The most recent extension of the moratorium in Los Angeles extends to June 30, 2023, at the time of writing. This particular moratorium has been extended several times, so it is imperative that you check for the most recent information.

The California Covid-19 Eviction Moratorium was put in place during the pandemic to protect affected renters from eviction for nonpayment. The tenant had to meet specific requirements to be eligible for this protection. The moratorium, however, does not protect tenants who have defaulted on other terms of the lease, such as “engaging in criminal activity on said property.”

You will need to keep your tenants informed about the sale process as you go along. For example, give advance notice for property showings and provide regular updates on the sale process.

Tenants should also be given contact information for the potential buyer or real estate agent so they can ask questions to have their concerns addressed. As the landlord or property owner, you should also be available to answer or address your tenant’s questions and concerns.

Suppose your tenant has to be relocated due to the sale of the property. In that case, they may qualify for relocation aid or other financial incentives. These differ from one region to the next based on the laws and policies of each region.

Again, this is another situation where you will want to speak with a local housing authority representative to learn your tenant’s options and how those will affect you.

While you want to make your property as attractive as possible, you also want to strike a balance between maintaining a good relationship with your tenants. As the property manager/owner or landlord, you can do your part by ensuring that necessary repairs are made. You can further ask the current tenants to have the place in a tidy order on the day of your showing. This is why it is essential to provide your tenants with notice. Remember, this is their home, and they are entitled to privacy. They should be allowed to enjoy the property during the sale process.

It is possible to sell your rental property to tenants in California. The process may be more complicated than selling a vacant property, but it is possible. Always remain upfront with your current tenants and ensure that the lease agreement is detailed. You want to sell your property and protect your tenant’s rights. And you need to follow all local, state, and federal laws regarding your tenants’ rights and how you should sell your rental property.

When you choose the right approach, you can sell your rental property with tenants and be able to move to your next investment property or another opportunity with the proceeds of your home sale.

Suppose you are looking for a fast and no-hassle solution to selling your rental property with tenants. In that case, we can help you, especially if your tenants need to be more cooperative, as these types of tenants can make the process more accessible than it needs to be. When you choose us, we can have your cash offer within 48 hours, and you won’t have to worry about the hassle and stress of listing and dealing with realtors. We can help you sell your home fast; give us a call today.