Home Buying in 94702>Question Details

D, Home Buyer in Berkeley, CA

What are tenants rights in a house that is owned by another party, which is up for sale?

Asked by D, Berkeley, CA Fri May 8, 2009

The seller in question lives out of state, tenants are of some friend/family relation, they haven't paid rent in over 6 months. They have been given a 60 day eviction notice. My question is, what are their rights beyond that date, and would they be any different if we moved forward and purchased the property with the tenants in there? I assume that we would have to reissue a 60 day eviction notice, and also be responsible for their relocation costs at that point. Is that correct? And, if so would we have any additional rights in terms of expediting their departure?

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You might be surprised at how much cause there can be for non payment of rent in Berkeley. Just make sure you know your local ordinances before you leap into tenant law statements
1 vote Thank Flag Link Mon May 11, 2009
OOPs, clearly the previous answerer did not know about Berkeley Rent Control. These tenants have rights in Berkeley, and here they are , in a nutshell: They cannot just be evicted, except for cause. By the way, the City of Berkeley has a website for the Rent Stabilization Board - on that site they have a copy of the Rent Control Law. There are, I believe, 11 reasons a tenant can be evicted - no more than that. In this case, I can only speculate that the new owner wants to move in and occupy the property for 36 months minimum? Tell me more details, because the seller cannot evict them - only the new owner who wants to occupy can evict. You must stay in the unit for 36 months, and the property must be legal with the Rent Board at the time of sale, otherwise you are responsible for bringing it into compliance. Please be careful and consult someone who knows Berkeley Rent Control - perhaps an attorney. All the Best
1 vote Thank Flag Link Fri May 8, 2009
What is so hard about putting into your purchase contract that the property be delivered vacant?
Web Reference: http://www.Find1Home.com
1 vote Thank Flag Link Fri May 8, 2009
Liz non payment of rent for 6 months is just cause for eviction anywhere that I know of. The property owner has started the eviction process according to D. Let the current owner finish and close after all is said and done. Specify that closing take place when the propserty can be delivered vacant.
Web Reference: http://www.Find1Home.com
0 votes Thank Flag Link Sat May 9, 2009
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