Moratorium holding up a sale: or is it?? Discussion

[Sharon Barros]

Hello BP, 

I am looking to buy a primary SFR home that is currently a rental in California. The seller wants to sell and I want to buy. However, the seller has a tenant in place on month to month and they are current on rent ( I believe). The seller cares dearly for the tenant and feels bad asking them to move. They have not raised the tenants rent since 1994 so the tenant is getting a smokin' deal. The landlord is also afraid of the moratorium in place until June 30th, 2021.

My question is as far as I can tell (through research and speaking to an attorney) that the Moratorium only covers a non paying tenant not a current month to month tenant. And that the seller could simply notify the tenants with 60 day notice to vacate on the basis of selling the property with proof of escrow. (thus not an eviction) 

Does anyone else have experience with this issue and any advice on how to coach the seller on how to have the confidence to simply take action? They want to sell but they do not have a clue on how to remove the tenant without a headache and are afraid of conflict. 

 The home and the lot would be a great spot to raise my family and I want to help every party involved. 

Any Advice/stories/connections would be great!