Your rental property is for sale. You have a long term tenant that is current with the rent and doesn’t want to leave. But, you need the tenant to vacate the property prior to the close of escrow. Can you evict the tenant? Yes.
Normally, when a tenant has resided at a property for a year or longer, the landlord must serve a 60-day notice. However, where the owner is selling the property, a 30-day notice is all that is required if certain factors are met.
Pursuant to California Civil Code § 1946.1(d), a 30-day notice is proper where:
When all these factors are met and the tenant does not vacate the property after a 30-day notice, it doesn't matter how long the tenant has been living on the property, the landlord can commence an unlawful detainer action immediately to regain possession of the property.
Real Estate Attorney