As a landlord, it is your responsibility to ensure that your tenant is comfortable in your rental property and adequately maintained. Following through on these duties establishes a great tenant-owner relationship that should last until the tenant moves out.
Now, there may come a time when you may have to sell the property. Regardless of the possible reasons, it would be best to inform your tenant immediately, including when they potentially have to move out. Constant communication is essential, and if you don’t provide it, your tenant may have a hard time finding another place to stay in such a short time.
If it is your first time experiencing this situation, you need to understand what legal notices are required, any required time restrictions, and the basics of using a 3-Day Notice when selling your property. Accurate information offers a much more peaceful way to discuss the situation with the tenant.
To help you get started, we have listed down some helpful tips. Keep in mind that the legal responsibilities are crucial, detailed, and time-sensitive, so it’s essential to seek the help of a professional.
1) A Successful Sale of Property Doesn’t Always End in Eviction
Let us clarify one important thing: just because you successfully sold your property doesn’t mean you must evict the tenant. There are cases in which tenants would prefer to continue with their occupancy as long as they can agree with the new landlord. You can facilitate a three-way discussion over this scenario, especially if the new owner wouldn’t mind renting out the property.
Selling an occupied property may be a viable option if you’re moving to another neighborhood while the new owner wishes to establish their own renting services.
2) It Is the Responsibility of the Former Owner to Hand Out the Notice
If the new owner is not open to continuing the tenancy, the tenant will have to move out as heartbreaking as it may be. In such cases, you, as the former owner, have the right to serve the appropriate notice to your tenants to inform them of the end of their tenancy. If they do not follow the proceedings, they may face penalties as per your written agreement before.
It is vitally important to understand that the terms of the existing lease agreement must be honored if the tenants are in good standing and current in rent payments. A decision to sell an occupied property requires the owner to make sure they do not violate the terms of the lease agreement or the tenant’s rights. For example, if you are in the middle of a one-year lease with your tenants and decide to sell your home, you must wait until the lease is expired to finalize the sale or risk being in breach of contract.
3) When is a 3-Day Notice Applicable When Selling a Rental Property
Since it is required by law for landlords and tenants to honor lease and rental agreements, the situation when is a 3-Day Notice applies very specifically.
When selling a property or entering foreclosure, constant communication with the tenant is required by the owner or bank representatives.
- Single residences up to fourplexes: These properties require a 60-Day Notice for the tenants.
- Apartments and properties of five units or more: These properties only require a 3-Day Notice to move out in the case of a property sale or foreclosure.
4) The Three-Day Notice Is Mandatory
Before, we have mentioned how tenants should take a three-day notice seriously unless they want to be forcibly evicted from the property. A 3-Day Notice is mandatory, even in the state of Nevada, where things aren’t always as restrictive.
One important thing about property agreements is that it’s almost impossible to find alternatives for the rules, so the tenant has to prepare to move out, even before their deadline has come to a close.
During the waiting period of the 3-Day Notice, a tenant can petition the court for more time to move and find a new residence. The judge has the authority to grant up to ten additional days for such requests.
Make Sure You Handle Things Correctly
A landlord can use a 3-Day Notice to remove their tenant when selling their property only if it is an apartment or a building with five or more units. Sometimes, a new arrangement and lease agreement can be reached in a change of ownership, but there is no guarantee that the new owner will allow the tenant to continue their occupancy. Therefore, tenants must be prepared to move out and find a new home in the allotted time.
If you are looking for experienced eviction lawyers in Clark County, look no further than Rocket Eviction. We are a full-service solution to regain possession of your property with quick and efficient Nevada eviction services. Contact us today—we’ll help you sort out eviction processes.
