How much notice do you have to give an "at will" tenant (no written lease) to leave the property if you are listing it for sale?
3 attorney answers
Once you have a contract of sale, using a GOOD real estate attorney, he or she can prepare and serve the appropriate 2 month Notice to Quit with Demand for Possession upon the tenant.
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If the contract calls for the house to be used for the new owners' personal use 2 months.
Otherwise the tenant stays.
You cannot evict a tenant to sell a house. The lease goes to the new purchasers, and depending on whether they choose to move in to the house or not they may have to continue the lease and renew it if they don't choose to move in. There is a month to month lease if they are paying rent every month, not a written one. Best in your situation to consult with a real estate attorney to help you do this by the book because mistakes can extend the amount of time they remain.
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