Tenants Notice to Vacate Before Selling a House in Probate

Kim Ward, a real estate broker specializing in probate real estate in San Diego County, discusses the challenges of selling a property with tenants living in it, particularly when tenants refuse to vacate after the owner's passing. She explains the rights tenants have under California law, even in probate situations, whether they have a formal lease, month-to-month arrangement, or no written contract. If the tenant has a lease, it must be honored until expiration, and for month-to-month leases, a 30- or 60-day notice is required based on the tenant's occupancy length. Kim advises that any termination process must respect tenants' rights, and actions like changing locks or cutting utilities are illegal.

Kim emphasizes the importance of handling tenant situations with care to avoid legal complications. She shares strategies like "cash for keys," where tenants are offered money to vacate the property quickly, allowing the estate to avoid lengthy court processes. She also stresses the need for thorough communication, proper documentation, and managing tenant concerns, such as showing the property to potential buyers with appropriate notice. In her experience, having an expert in probate real estate is crucial to ensure the process goes smoothly, especially when dealing with tenant-occupied properties.