If my landlord lists our house for sale, am I still obligated to give him a 60 day notice?

UPDATED: Feb 17, 2012

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If my landlord lists our house for sale, am I still obligated to give him a 60 day notice?

We have lived in our house for 3 years and were going to do a private deal with him to buy, but now there is a chance the bank will call the loan and he is thinking of selling outright. He had a realtor come and now they are putting it on the market unless we can come up with a way to get the bank to OK us taking over the loan.

Asked on February 17, 2012 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The landlord deciding to sell the house has nothing to do with the required notice you have to provide. If a written lease provides you have to provide 60 days notice, that's what you owe the landlord. If you have only an oral lease, you are a month to month tenant and must provide 30 days notice; but if you have a written lease for a set term (for example, one year) which does not let you terminate it early, you are bound until the end of the lease term (if the property is sold, the new buyer becomes your landlord).

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