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Q.What happens to my tenancy if my landlord decides to sell the property?
A.If your landlord voluntarily sells the property, your legal rights as a tenant do not change either with respect to the term of a lease, the terms and conditions of the lease, or the security deposit you gave to the landlord. Tenants on a month-to-month tenancy can typically be evicted upon receipt of the required advance notice.
California Civil Code Section 1946 requires the landlord to give 30-days advanced written notice to any tenant who has resided in a month-to-month rental for less than one year and 60-days advanced written notice if the tenant has lived in the rental unit for one year or more. However, the landlord can give a 30-day advance written notice if the landlord has contracted to sell the rental unit to another person who intends to live in the rental unit for at least a year and all of the following conditions are met:
- The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
- The landlord must have given you the 30-day notice no later than 120 days after opening the escrow, and
- The landlord must not previously have given you a 30-day or 60-day notice, and
- The rental unit must be one that can be sold separately from any other dwelling unit.
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