Expert: Sue Bernstein - 11/13/2008

Question
Hello Sue,
  Thank you for the kind offer.
The landlord has died, and my husband who is trustee of the estate has three rental properties that he must sell.
They are single family homes in California.
   The tenants were notified about the landlords death 3 months ago, and were told that the property was to be sold in the near future. ( there is no written or verbal lease on any of the properties)The problem is,we now wish to sell the properties, and interest has been shown in a couple of them. We live out of town and one of the renters is not returning my phone calls. I sent letters by certified mail yesterday stating that the property was for sale, but not yet listed with a realtor, and that we would like to show a buyer through the house.I also stated that we would contact them verbally 24 hours ahead of time and arrange a time which would be most convenient to them. the beneficiaries would also like to see the property. What recourse do we have if they don't answer my letter or phone calls? Also the property taxes will be re-assessed with the new owners, and it will be neccessary to increase the rent even if it isn't sold. The home is in a VERY desirable location, and they have a real sweetheart of a deal for the past 7 years, so naturally don't want to leave.
We do have someone close by who picks up the rent and they have been avoiding him.(The rent is due in 2 days)

Sorry for being so long-winded. Hope you can help !!

Answer
Dear Margaret,

If the tenants turn out to be uncooperative it may be necessary to terminate the occupancy.  If there is no lease you are on a month to month. Check with your local laws but in California you would give them a 30 day notice to vacate.  If they don't comply get an eviction attorney to handle it so everything is done properly.  If they don't pay their rent this month you can serve them with a 3 day notice and that will give you grounds to evict.
This is very common in situations where homes that are rented are going to be sold.  There is no upside for the tenants to cooperate and many times it is more efficient to get the property vacant and then sell.

Hope this helps.

Sue Bernstein