How many days notice do we have to give our tenants when selling the property?
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How many days notice do we have to give our tenants when selling the property?
I inherited a duplex 6 months ago, but the tenant has been living in one side for
over a year. Since I’ve only officially owned it for 6 months can I give him 30
day notice to move out if I sell it. Or do I need to give him 90 days notice
since he has lived there for over a year?
Asked on July 11, 2019 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If there is a written lease for a set or defined period of time (e.g. a one-year lease) which is not expired and currently in effect, you cannot make them move out prior to the lease being up: when you inherited the duplex, you inherited what it was, which is a property with a tenant with a lease, and you are as bound to the terms of the lease as if you had signed it with the tenants. Looking to sell the home is also not grounds to terminate a lease early. You don't have to renew the lease, and can now give them notice that you will not renew and that they'll need to leave when the lease is up.
If there is an expired written lease, a written "month to month" lease, or no written lease (i.e. an "oral" or unwritten rental agreement), they are month to month tenants. In that case, you can give them a full month's (not 30 days; at least one full month, since month to month tenancies start on the 1st of a month and end on the last day) notice terminating the tenancy and that they have to move out. Example: today is July 12: you could give them notice today to move out Sept. 1, since they have to get at least one entire full month (August, since July is already more than 1/3 over).
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