The buyer who wants to live there
Needs it empty.
- Your tenant is
- in the way
- Their way in
- owner move-in
- Cost of that
- a month of rent
- Then
- move in within 90 days, stay a year
So they offerless
Or they ask you to hand it over empty.
Properties/Sell to Wexmoor/Selling with a tenant
Selling a house with a tenant in California: the lease comes with the house.
Yes, you can sell. The buyer becomes the landlord, at the same rent and end date. A sale alone does not end the lease.
Civil Code 1946.2
Selling is not a reason to end a lease.
After twelve months, you need a reason from the law’s list. Here are the four no-fault reasons in 1946.2(b)(2). A sale is not one of them. Your city may add rules. Reviewed 26 September 2026 by Irakli Ezugbaia, Managing Member, Wexmoor Circle LLC · CA DRE #02271654 · NMLS #2728634. General information, not legal advice.
- Owner moves inThe owner or close family lives there at least twelve months in a row, moving in within 90 days.
- Off the rental marketThe owner takes the property off the rental market.
- A government or court orderAn agency or a court orders the tenant out.
- Tear down or heavy remodelThe owner plans to demolish or substantially remodel.
- It costs a month of rentUnder 1946.2(d), a no-fault ending owes one month of rent as relocation help, or the last month waived.
- The exemptionSome houses and condos are exempt under 1946.2(e)(8), but only if the tenant was told in writing. No notice in the lease? Do not assume it.
During the sale
Showings need notice. The deposit needs a paper trail.
- Send the written noticeTell the tenant in writing that the house is for sale. Civil Code 1954.
- 24 hours per showingPresumed fair notice. Spoken notice works within 120 days of that written one. Leave written proof of each visit.
- Pass on the deposit, in writingGive it to the buyer or return it to the tenant, and tell the tenant either way. Civil Code 1950.5.
Who buys it
Two buyers. Two prices.
The law decides which buyer can use the house on day one. That decides the price.
The buyer who wants a rental
Buys the income.
- Your tenant is
- the reason it works
- Needs it empty
- no
- A vacancy in the sum
- no
- Prices it from
- the rent
That is howwe buy
Wexmoor buys tenanted rentals with its own money. How we price it.
What a rental buyer asks for
Have these ready for escrow.
We read the file before you pay for it: the lease and the ledger first, then a number and how we got there.
- The leaseAnd any changes to it.
- The rent ledgerWhat was due and what was paid, month by month.
- The depositThe amount, and who holds it.
- NoticesAny notice you served, and any written exemption notice.
Questions
What landlords ask most.
Can I evict a tenant because I want to sell?
Not for the sale itself. After twelve months of tenancy, Civil Code 1946.2 needs a reason from its list, and selling is not on it. Taking the house off the rental market is a separate reason with its own rules and costs.
Does the new owner have to honor the lease?
Yes. The lease goes with the house. The buyer takes over your side of it, at the same rent and the same end date.
How much notice do I give before a showing?
Twenty-four hours is presumed fair under Civil Code 1954. Spoken notice works only if you sent a written “for sale” notice within the last 120 days.
What happens to the security deposit?
You pass it to the buyer or return it to the tenant, and you tell the tenant in writing either way. Civil Code 1950.5 lists what the notice must say.
Can I offer my tenant money to move out?
A tenant can agree to leave by choice, in writing. Some cities regulate these agreements and ask for set forms, so check your city’s rules first.
Is it harder to sell a house with tenants?
It is harder to sell to someone who wants to live there. It is often easier to sell to someone who wants a rental, because the income is already in place.
Is it realistic to sell with tenants in place?
Yes, if you sell to someone who wants a rental. A buyer who keeps it rented prices it from the rent.
General information, not legal or tax advice.
Selling with the tenant in?
We buy tenanted rentals in seven Southern California counties and keep the tenant. Send the address and the rent.
