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I am putting my house on the market My tenants do not want the house shown if I do not let them out of their lease ending 8/1.

La Quinta, CA |
Attorney answers 3

Best Answer

As the owner, you have the right to enter and to show the house to prospective buyers pursuant to Civil Code section 1954.

You are NOT obligated to agree to an early termination of the lease. If the tenants refuse to permit showing, you will probably need an eviction attorney to evict them after having served a 3 day notice to perform covenant or quit.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


What does the lease say?


You have lots of negotiating room. Whoever buys the house will probably want the tenants out, and you probably are counting on selling it long before August. Although the tenants cannot prevent you from showing the house, you cannot abuse the privilege, and you still have to give notice. You may have an opportunity to prevent arguments down the road by coming to an agreement about how often you can show the house and what kind of notice that you or your agents have to give before doing so.