Seller's Requirement to Disclose Information to San Francisco Tenants
The seller of real property that contains a tenancy that is subject to the San Francisco Rent Ordinance is required to make the following disclosure to the tenant(s):
Before property containing rental units subject to Section 37.9 may be sold, the owner/seller shall disclose to tenants of the property the rights of tenants during and after the sale of the property. This disclosure shall be in writing and shall include:- A statement in bold type of at least 12 points that tenants cannot be evicted or asked to move solely because a property is being sold or solely because a new owner has purchased that property.
- A statement in bold type of at least 12 points that tenants cannot have their rent increased above that permitted by Chapter 37 solely because a property is being sold or solely because a new owner has purchased that property.
- A statement in bold type of at least 12 points that the rental agreements of tenants cannot be materially changed solely because a property is being sold or solely because a new owner has purchased that property.
- A statement that the owner's right to show units to prospective buyers is governed by California Civil Code section 1954, including a statement that tenants must receive notice as provided by Section 1954, and a statement that a showing must be conducted during normal business hours unless the tenant consents to an entry at another time.
- A statement that tenants are not required to complete or sign any estoppel certificates or estoppel agreements, except as required by law or by that tenant's rental agreement. The statement shall further inform tenants that tenant rights may be affected by an estoppel certificate or agreement and that the tenants should seek legal advice before completing or signing an estoppel certificate or agreement.
- A statement that information on these and other tenants' rights are available at the San Francisco Rent Board, 25 Van Ness Ave, San Francisco, California, and at the counseling telephone number of the Rent Board and at its web site.
The full text of this disclosure requirement can be found in San Francisco Administrative Code Section 37.9(k)(1).
Copyright © 2011 by Steve C. Williams. All Rights Reserved. Mr. Williams and his firm assist property owners in California with real estate and occupancy issues. The information in this article is general in nature and should not be considered legal advice. For any specific matter, please consult with an attorney.
Attorney
Steve C.Wlliams
Date
June 2011
Practice Area
Real Property Transactions
Landlord / Tenant