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Landlord Selling Property in San Francisco (關於在三藩市房東出售房產情況下租客需要注意的事項)

December 6, 2021 Guides & Reports

Frequently Asked Questions

My landlord is selling the property and asked me to move out. Should I move out?

Do not assume that you have to move out when your landlord is selling. In San Francisco, most properties are covered by the San Francisco Rent Ordinance and/or the California Tenant Protection Act of 2019. Under these protections, any landlord (whether he is the seller or buyer) must have a "just cause" to evict you. Your landlord selling the property is not a “just cause” under these laws. Your landlord cannot force you to move out just because they are selling the property. Note that your landlord must provide you with a written notice before they try to evict you.



My landlord is inviting potential buyers to view my unit. What are my rights?

Your landlord should be respectful of your time and space. As a renter, you are entitled to a reasonable amount of notice. In California, your landlord must inform you in writing at least 24 hours before a scheduled showing. Verbal notice (by phone or in-person) is allowed if the landlord has given prior written notice within 120 days that the property is for sale and the landlord will be showing the property to prospective buyers.



What is an “Estoppel Certificate”? Do I have to sign it?

Also known as “Rental Questionnaire” or “Statement of Tenancy”, an “Estoppel Certificate” is a document that provides information about your tenancy to the potential buyer/new owners, who will take over as your landlord after the sale.

It is an important legally binding document (signed under penalty of perjury) and you must verify all the details in the certificate before signing. Some lease agreements include a requirement that a tenant must submit an estoppel certificate within a certain period of time. You should check your lease agreement to see if you have agreed to this. If not, it may not be necessary, but sometimes still beneficial to complete it. If you need help submitting the certificate, you should consult a tenant counselor or a lawyer.




Can a new landlord-buyer evict me or raise my rent?

A lease is tied to a rental property, not an owner. Even if the owner changes, the lease remains the same. The new owner has an obligation to existing tenants to honor the contract that you have with the prior owner. In other words, the new owner steps into the shoes of the previous landlord. This means that the new landlord cannot raise your rent in excess of the allowable limits or prior to seeking approvals from the Rent Board. Likewise, the new landlord cannot evict you without “just cause”. The new landlord must notify you within 15 days after they buy the property on where, to whom and how to pay rent.



The information contained herein is general and not applicable in all cases. For legal advice, please contact the Asian Law Caucus.

本文包含的一般信息並不適用於所有情況。 尋求法律建議,請聯繫亞洲法律聯會。