California Apartment Association

Question: Our tenant, who has lived there for more than one year, is on a month-to-month term, and the house he is renting has been listed for sale. We understand that when a property is being sold, the 60-day notice of termination of tenancy is not required and that a 30-day notice is permitted once an escrow is opened. Is that correct?

Answer: A 30-day notice may be given in these circumstances only: if it is a single-family residence, the buyer is going to move in and live there for at least one year; the notice is given within 120 days from the date escrow opens; and the tenant was not already served with a 60-day notice.

Question: A tenant gave a 30-day notice of move out on the 10^th of the month and turned in his keys to the owner five days later, on the 15th. Is he still liable for the balance of the rent owed?

Answer: Yes, the tenant still owes for the 30-day notice period, unless the landlord is able to relet the premises before then. The landlord has to make a diligent effort to relet.

Question: A husband, wife and three children reside in an apartment. The husband was granted a restraining order, preventing the wife from living in the unit. The wife is now requesting a copy of the lease. Should we officially remove her name?

Answer: No, but you should give her a copy of the lease. You should also have a copy of the restraining order and, if accurate, not allow her access to the unit.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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