Will I Be Evicted If My Apartment Building Is Sold?
In San Francisco, Oakland, or any other jurisdiction, the sale of a building is not just cause to evict tenants. This is because these buildings are sold subject to the rent-controlled tenancies. However, there may be a risk of other no-fault evictions, such as Landlord-Move-In and Ellis Act evictions. Landlords may evict tenants for any non-discriminatory, nonretaliatory reason with 60-days’ notice for tenancies lasting one year or more, or 30-days’ notice for tenancies lasting less than one year, provided that they adhere to the following eviction proceedings as outlined in Civil Code section 1946.1:
- The owner of the dwelling gives a 60-day notice prior to the proposed date of termination.
- The owner of the dwelling gives a 30-day notice prior to the proposed date of termination if the tenant has lived in the building for less than a year.
- The owner of the dwelling gives 30-days’ notice prior to the proposed date of termination if the unit is “alienable separate from the title to any other dwelling unit” or the owner has “contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a title insurer or an underwritten title company.” The notice must be given no more than 120 days after escrow has been established. The purchaser of the property must also be a natural person or persons and, in good faith, intend to live in the property for at least a year after the tenancy has been terminated.
Under Civil Code section 1946.1, tenants have the right to reclaim abandoned personal property left at the former address, however, this right is subject to certain conditions. Depending on whether your property has been placed in storage and the length of time it takes for you to reclaim it, you might incur additional costs that must be paid before your property can be returned.
Get Advice From Our Wrongful Eviction Attorneys
Do you believe your landlord is trying to wrongfully evict you from your unit? Whether your unit has been sold to a new owner or your landlord has failed to provide adequate notice, our skilled lawyers are here to use our extensive knowledge of the law to fight for your rights. We are committed to serving clients across the Bay Area, and we are prepared to get to work for you today.
Give us a call at (415) 801-8878 to schedule your free case consultation so we can discuss your legal matter.