How much notice do I give a tenant to vacate?

Lexi, Chatbot

Have you already discussed the sale of the house with the tenant, or is this the first time you're notifying them?

Lexi, Chatbot

Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they'll be able to help with your tenant notice.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance.

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Richard

Hi Anthony. Since you're dealing with a month-to-month (oral) tenancy and you’re planning to sell the property, the required notice period typically depends on your state law. Most states require either 30 or 60 days’ written notice to terminate a month-to-month tenancy. Here’s a general breakdown:

If you're in California: You must give 60 days' notice if the tenant has been there 1 year or more. If less than 1 year, 30 days is sufficient. (CIV § 1946.1(b) and CIV § 1946.1(c))

If you're in New York: Tenancy over 2 years (or tenant is over 62), you must give 90 days’ notice. If between 1-2 years, 60 days. Less than a year, 30 days. 

If you're in most other states: Typically 30 days’ notice is required for a month-to-month tenancy regardless of how long they’ve lived there, but some states require more.

To be safe, many landlords choose to give 60 days’ written notice when there’s no written lease and the tenant has been in place for several years. Make sure the notice is properly served (hand delivery, certified mail, etc., depending on local requirements).