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Posts: 2
Reply with quote  #1 
I'm preparing to sell a rental house in California where I have a very sick tenant on a month-to-month lease. I have issued a 60-day notice as required.  
1. Can this tenant challenge my 60-day notice on some sort of humanitarian grounds?  
2. If I move to evict at the end of 60 days, can the tenant expect to win a challenge to the Unlawful Detainer?

Posts: 17
Reply with quote  #2 
1. Tenant could seek a motion to stay the order of eviction. Tenant has to give you notice about this though and there is a hearing. The motion to stay is typically only a week, but it could be longer based on circumstances, such as illness.

2. I think tenants are legally allowed to stay on the property through the sales if the lease is silent on the matter. If the lease says you have the power to evict prior to or during sales, then you should be fine.

I am not a lawyer. Please seek an attorney for legal advice.

Posts: 2
Reply with quote  #3 
Thank you for your advice.  We have decided to make the tenants' continued residence a condition of the sale. Our agent assures us that in this market that will not be a problem.
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