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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 55325
Experience:  Lawyer; developer/owner of RE developments.
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I have 2 rentals, that are currently being occupied, 1 of my

Customer Question

I have 2 rentals, that are currently being occupied, 1 of my tenant contacts are now currently Mon - Mon, he has been there 3 yrs, if I give him a 30 day notice to Vacate, could I get sued in anyway? I must move the properties asap. The 2nd one is almost 1yr, into a 2yr lease. I have terminate the lease to sell the property too. what am I going to be liable for?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 1 year ago.
Hi Steve. My name is ***** ***** I look forward to helping you. Can you provide me a bit more information? In what state are these properties located? Thanks.
Customer: replied 1 year ago.
Property is Located in CA. the reason for me needing to Sell, is that I have a large Tax Debt that needs to be paid. The property that is currently in a contract has a lot of equity in it and the Leasee wants to purchase. He has A LOT of Assets,but just went through a divorce which caused him to have a short sale on his credit. so he may not qualify. I was thinking of asking him for a Lump sum of Cash as a down payment deposit, as the property keeps going up in Value. I'm worried if I give him too much info, he could somehow use that against me if I have to Sell.
Customer: replied 1 year ago.
Please advise
Expert:  insearchoftheanswer replied 1 year ago.
Thanks for following up. With regard to the month to month lease, under CA law, if the tenant has been there for one year or more, you are required to give them a 60 day written notice to terminate the tenancy; it's only 30 days if the tenant has been there less than 1 year. But, as long as you give them the written notice, you would not be sued because you are terminating the tenancy due to wanting to sell the property. The second property is a different issue because of the lease. You would not have the right to unilaterally terminate the lease simply because you want to sell. So, in order to get the tenant to terminate early, you'll need to negotiate something with the tenant and get the tenant to agree in order to terminate this tenancy prior to the expiration of the lease term. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!