60 Day Notice Of Intent To Sell Template for the United States

When you plan to sell a property in the United States, giving proper written notice to your tenant is often a legal step, not just a courtesy. A 60-day notice of intent to sell formally tells the tenant you intend to sell and confirms the sale follows the federal and state rules that govern real estate transactions and tenancies.

What is a 60-day notice of intent to sell?

It is a written document from the property owner to the tenant stating that the owner intends to sell the property, with the date the 60-day period begins. For a month-to-month tenancy, the notice can also end the tenancy so the tenant knows when to vacate. For a fixed-term lease, the lease usually continues until it expires, and the notice simply tells the tenant that the residence is going on the market and may be available for showings.

When do you need this document?

You need a 60-day notice of intent to sell in several common situations:

• You have a rental property with an existing tenant, and your state sets a minimum notice period before you sell or end the tenancy.
• Your homeowners association bylaws set a notice period for property sales.
• Your mortgage agreement includes a notification clause.
• The property sits in a rent-controlled area where the tenant may have a right of first refusal or other protections.

Many states require at least 60 days of written notice once a tenant has lived in the residence for a year or more, so check the least number of days your state allows before you set the date. Giving the full period also gives a tenant and their family time to weigh their options and plan a move.

What should the notice include?

A clear notice avoids disputes later. At a minimum, cover:

• Complete property information, including the address and legal description, so there is no ambiguity about which single-family residence or unit you plan to sell.
• A plain statement that you intend to sell, with the date the 60-day period starts and the final date the tenant is expected to vacate the property where the sale ends the tenancy.
• Owner details and current contact information for legal correspondence.
• A short line on respecting the tenant's rights and cooperation, such as reasonable showing arrangements and the hours the property is available to potential buyers during the listing period.
• A compliance statement confirming the notice follows the Fair Housing Act and your state's landlord-tenant law.
• A reserved-rights line and a note on how the tenant will receive the notice, since many states require service by certified mail or personal delivery for the notice to count.

If you also need to formally end a periodic tenancy, pair this with a statutory notice so the move-out date and the sale timeline line up. Where the sale ends the arrangement, you can also give the tenant a notice to vacate and set out the handover and move-out terms in a lease termination agreement.

How do you serve the notice so the tenant receives it?

How you deliver the notice matters as much as its content. Most states ask the landlord to serve it in a way that proves the tenant received it. Certified mail with a return receipt and personal delivery are the two methods courts recognize most readily, so keep a dated record of service. Clear notice, delivered the right way, is what makes the 60-day period count from the correct date.

How much notice does each state require?

Notice periods vary widely. Some states set 30 days, others 60 or 90 days for certain property types or long-term tenants. California, for example, requires a 60-day written notice to end most month-to-month tenancies when the tenant has lived in the residence for at least one year, and 30 days when the stay is shorter. Always confirm your own state's rule and any local rent-control ordinance before you send the written notice, because an incorrect period can invalidate it.

How does a sale affect a tenant who remains during showings?

Selling a tenant-occupied investment property does not require the tenant to leave immediately in most cases. During the listing period the tenant usually remains in the unit while the home is shown to potential buyers, so the notice should set out how showings will be scheduled and how much advance notice you will give for each one. Many states require reasonable notice (often 24 hours) before entry for a showing. Spelling out these arrangements up front makes the transition smoother for the tenant's family and keeps the property available to buyers without constant friction. Documenting the showing hours in writing also supports both sides if a disagreement over access comes up later.

What happens to the tenant's security deposit?

Selling the property does not erase deposit obligations. If the tenancy ends and the tenant moves out, state law sets how quickly the landlord must return the security deposit and provide an itemized list of any deductions, usually within a fixed number of days after the tenant vacates. If the tenant will remain after the sale, the deposit typically transfers to the new owner, so record the amount in the sale documents.

Legal requirements across the United States

Under US law, notice rules differ by state, and Fair Housing Act compliance applies everywhere, so the notice must not discriminate against a protected class during the sale. State landlord-tenant laws often add disclosures about tenant rights, including right of first refusal in some places and relocation resources in rent-controlled areas. Your written notice must also match any local rent-control ordinance and any state formatting rule, and you should clear title and address HOA or condominium association requirements that affect the sale date.

This template is general information to help you prepare the notice. Confirm your state's exact notice period, service method, and deposit deadlines before you sell property that is currently rented.