Selling a Rented House in Tustin: Your Rights Explained
Can a landlord sell the house you’re renting in Tustin? The answer is yes, but there are specific laws, regulations, and tenant protections that must be followed. Suppose you’re currently renting a home and your landlord decides to sell. In that case, it’s essential to understand your rights under the California Civil Code, what to expect during the sale process, and how to protect your interests.
Tustin, California, is home to the massive Tustin Blimp Hangars, among the world’s largest wooden structures. Built during World War II, these hangars once housed military airships and remain iconic due to their sheer size—each over 1,000 feet long and 17 stories high. Though no longer in military use, they’ve been featured in films and TV shows. Their historical significance and architectural marvels make them a defining part of Tustin’s identity.
Key Takeaways
- Yes, Landlords Can Sell – Under California law, a landlord can sell the property while it’s being rented, but must honor existing lease agreements.
- Lease Terms Stay in Place – If you’re under a fixed-term lease, the new owner must respect your contract until it ends.
- Tenants Have Rights – Landlords must give 24-hour notice before showings and respect your right to privacy during the sales process.
- Security Deposits Are Protected—The California Civil Code requires that security deposits be transferred or returned.
- Communication is Key. Tenants and real estate agents should cooperate respectfully during inspections, with proper written notice and consent.
Can a Landlord Sell the House You’re Renting in Tustin?
Yes, under California law, a landlord can sell a property even if there is a tenant currently living there. However, the sale does not automatically cancel your lease or your right to privacy. Whether you’re under a fixed-term lease or a month-to-month rental agreement, your rights vary depending on the terms of your contract.
Tenant Rights When the Landlord Sells the Property
Lease Protection
If you have a fixed-term lease, the new owner must honor the lease until it expires. This means:
- You cannot be evicted or forced to leave early.
- Your rent, late fees, and security deposit terms remain in effect.
Month-to-Month Tenancies
If you’re renting month-to-month, the new owner may:
- Continue the existing rental relationship.
- Provide a 30- or 60-day notice to terminate the tenancy, depending on how long you’ve lived there and the number of units the new owner possesses.
Security Deposits
Under California Civil Code Section 1950.5, your security deposit must be transferred to the new owner or returned by the original landlord. Always request written documentation showing the deposit has been transferred.
Landlord Responsibilities During the Sale
Notice of Intent to Sell
A landlord must provide reasonable notice before showing the property to potential buyers or conducting an inspection. According to California law:
- A 24-hour written notice is required before entry.
- You are entitled to privacy and must consent to the timing of any showings.
Tenant Incentives
To smooth the sales process, some landlords offer incentives to tenants, such as:
- Cash for keys agreements.
- Gift cards or moving assistance.
- Early lease termination options with no penalties.
Selling Process and Impact on Tenants
What Happens When a Buyer Purchases the Property?
The buyer becomes your new landlord, and all existing contracts, including lease agreements, generally remain in place. This includes:
- Terms of rent and payments.
- Behavior clauses, pet agreements, and maintenance rules.
- Obligations to maintain the dwelling and lawn.
Tenant Rights During Property Showings
- You have the right to be notified before inspections or appraisals.
- You can refuse emergency entries unless they are legally justified.
- Any nuisance behavior or harassment must be reported.
Legal Remedies and Eviction Protection
Improper Notice or Harassment
If your landlord violates your rights during the sale, you may:
- File a complaint with local housing agencies.
- Seek legal advice from a lawyer or a tenant rights organization.
- File in small claims court if monetary damages or security deposit issues arise.
Just Cause Eviction Ordinances
Many communities in California, especially larger cities, have just cause eviction protections. These rules prevent landlords from terminating a tenancy without valid legal reasons.
Options for Tenants If the Landlord Sells
Stay Through the Lease Term
You can remain in the property if your lease is active, and the new owner must comply with the contract.
Negotiate a Move-Out Agreement
If the new owner wants you to leave, consider negotiating:
- A cash offer or moving stipend.
- Flexible move-out dates.
- Waived fees or late charges.
Buy the Property
Tenants occasionally have the opportunity to purchase the house. To explore this investment opportunity, consider speaking with a real estate agent, lawyer, or mortgage company.
What Landlords Should Know
Selling with Tenants in Place
- Work with a qualified real estate agent who is experienced in investment properties.
- Clearly disclose to potential buyers that the home is tenant-occupied.
Rent Increases and Lease Agreements
A landlord cannot increase rent or alter lease terms during the sale unless allowed by contract or local regulation.
Communication Tips During a Sale
Written Notices and Documentation
- Always provide written documentation for changes, inspections, or requests.
- Include your telephone number, dates, and signatures.
Respect Tenant Privacy
- Avoid unannounced visits or excessive inspections.
- Schedule showings with attention to the tenant’s availability.
Legal and Financial Considerations
Escrow and Ownership Transfer
During escrow, buyers will review:
- Existing rental agreements.
- Tenant payment history and behavior.
- Outstanding fees, loans, or property tax obligations.
Landlord Liability
Failure to honor tenant rights can result in:
- Lawsuits.
- Financial penalties.
- Voided real estate contracts.
Working With Professionals
- Hire a lawyer to ensure jurisdictional compliance.
- Use a real estate agent to market the home while respecting tenant rights.
- Consult a property management company if needed.
Frequently Asked Questions
Can a landlord sell the house you’re renting in Tustin?
Yes. A landlord has the legal right to sell, but they must comply with tenant protection laws, especially regarding leases and notice requirements.
Can I be evicted if the house is sold?
Not if you have a valid lease. If your lease is month-to-month, the new owner must give 30 or 60 days’ notice, depending on the duration of your tenancy and local regulations.
What happens to my security deposit after the sale?
California Civil Code Section 1950.5 requires that it be transferred to the new owner or returned to you by the original landlord.
Does the landlord have to notify me before showing the property?
Yes. You must give 24-hour written notice, and they must respect your right to privacy during any inspection or showing.
Can I negotiate to move out early?
Yes. Tenants can negotiate a cash offer, moving assistance, or other incentives to leave before the lease ends, especially if the buyer wants a vacant property.
Conclusion
If you’re wondering if a landlord can sell the house you’re renting in Tustin, the answer is yes,
but not at the expense of your rights. Tustin tenants are protected by extensive regulations, especially when it comes to lease terms, security deposits, and privacy laws.
If your landlord is planning to sell and you want more information about your options or need help negotiating a cash offer, fill out our form today for a fast, fair, and stress-free solution.