If I am want to sell my house, how much notice I need to give the renters living in it and when I can give it?

Asked on June 27, 2012 under Real Estate Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A lease is not affected by the sale of a house--the buyer buys the house with the tenants and subject to the lease. If there is a written lease for a definite term (such as a one-year lease), you cannot evict your tenants until the lease expires (assuming you do not renew it), unless they give you other good cause to evict: for example, nonpayment of rent, deliberately damaging the home, violating material (or important) lease provisions, etc.  (Note: if the lease itself allows you to terminate the lease on proper notice, then provide whatever notice the lease requires.)

If it is a written month-to-month lease or an oral (or verbal) lease--which is always month to month--then you can give them 30 days notice terminating their tenancy, then evict them if they do not leave.

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