Need verbage for buying a property w/tenant & notice to vacate

[Shari Posey]

I've got a buyer buying a duplex and the seller will give 60-day notice to vacate when the buyer removes all contingencies. Obviously, the current lease is between the current owner and tenant. It will not protect the buyer if there is any trouble with the tenant vacating after they become owners. I'm trying to come up with some document that names the new owners in the notice to vacate. Help!

[Ralph S.]

If the tenants are on a lease, then there are usually only a couple ways a LL can serve such a notice to terminate tenancy (notice to vacate), such as if the new owners will be moving in. Otherwise, the lease remains with the property, not the owner, and any new owner must honor the existing lease, terms, and do on. So, make sure the ducks are in a row on that one.

The same would be true if the seller serves notice that the tenancy is terminated as of a certain date. What you are referring to, a notice to vacate, is really a notice terminating tenancy as of a certain date. Once that has been established, selling the property doesn't have any impact on the termination date.

Both of these, lease and notice, are tied to the property and the rights of the tenant to occupy. Who the LL or owner is is not relevant as long as all laws are complied with.

More simply put, and ownership change changes nothing as far as a tenant and their right to occupy, or the end of their occupancy, is concerned.

I would just make sure the seller, in their notice, includes verbage that lets the tenant know the property is being sold and whatever reason the new owners have for terminating the tenancy. I think the only real risk is that the tenants will think, incorrectly, that the notice is void when the property is sold. You want to make sure they understand that is not the case.

Not a lawyer, not legal advice, just as I understand it.