Is my 30-day notice to my tenant valid for selling my house?

Full question:

I own property that I have been renting out for over a year to the same tenant. The first year was on a 1 year lease agreement which expired with no new lease agreement. The tenant just pays month to month since it expired. I decided to sell my home so I contracted a real estate agent and gave my tenant a 30 day notice which I gave her personally and had her sign it. The tenant refused to move at the end of the 30 days saying she needed more time and would not leave until she found another place. I filed the proper paperwork with the courts and she responded by saying that she should have been given 60 days not 30 days. My question is: If I gave her a 30 day notice which she signed and it's because I am selling my house, have a contract with an agent, and a purchase agreement with a perspective buyer, is my notice valid?

• Category: Landlord Tenant
• Subcategory: Lease Termination
• Date: 04/07/2025
• State: California

Answer:

A landlord can end a month-to-month tenancy by giving the tenant proper written notice. In your case, since your tenant has lived in the rental unit for over a year, you typically need to provide 60 days' notice to terminate the tenancy. However, there are exceptions where a landlord can give a 30-day notice:

• If the tenant has lived in the unit for less than one year, or
• If the landlord has contracted to sell the rental unit to someone who intends to occupy it for at least one year after the tenancy ends.

For the 30-day notice to be valid under the sale exception, the following conditions must be met:

• You must have opened escrow with a licensed escrow agent or real estate broker.
• You must have given the 30-day notice no later than 120 days after opening escrow.
• You must not have previously given a 30-day or 60-day notice.
• The rental unit must be one that can be sold separately from any other dwelling unit.

If all these conditions are satisfied, your 30-day notice is likely valid.