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Tenants In California
Whatever the reason, it is your property, so you can sell it any time you wish. However, when you have tenants, the process involves some extra steps depending on the type of lease or agreement they possess.
If your tenant is renting on a month-to-month basis, all you need to do is give your tenant proper notice. This involves mailing or delivering a letter to your tenant 30 days before you'd like them out, usually in respective to the rent due date.
The required notice period varies from state to state, so be sure to look up your state's policy here.
You don't need a reason to terminate a month-to-month agreement, hence why it is called a "no cause" termination. It's one of the main benefits of having a month-to-month agreement. You don't have to tell the tenant why they need to vacate unless you want to.
Here's a sample of what to do:
- Send a letter with the date on it letting your tenant know that their tenancy will terminate in X days from the date of the notice or next rent due date.
- Inform your tenant to remove all possessions and return your keys to you on or before the last day mentioned in the notice.
- If they don%t move out, start the eviction process immediately.
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Fixed-term leases require a more delicate touch and don't normally terminate just because a property changes ownership. You can do one of the following options for handling a tenant with a fixed-term lease. Keep in mind, however, that the tenant is under no obligation to agree to your terms. In that case, you'll need to wait until the end of the lease to sell the property.
1. Pay your Tenant to Vacate
If you want to sell right away and your tenant still has several months left on the lease, you can try to negotiate a settlement to get your tenant out early. This tactic is called "cash-for-keys,".
2. Sell the Property to your Tenant
Offer to sell the property to your tenant. You could allow them to get financing on their own, or offer a seller financing arrangement, which is a type of transaction where you are the lender and allow your tenant to make payments to you (on a short-term basis) to buy the property. Seller financing is especially attractive to offer to long-term tenants in good standing. Keep in mind that you typically need to own the property free and clear or get approval from your mortgage lender to conduct a seller-financing deal.
3. Execute an Early Termination Clause in the Lease
There is a case where tenants, even those in good standing, don't get to live out the entire lease. Some leases have an early termination clause to handle a variety of situations. These clauses usually say that the lease terminates in 30/60/90 days, for example, after closing on the sale of the property. The "trigger" can be anything you want, as long as it is reasonable, and both parties agree to it in the lease.
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