Selling Tenant Occupied Property in California and What Attorneys Say

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From The Kapowich Vault: 


Selling a rental property with tenants? Buying an occupied home? Living in a property that's about to be sold? This evergreen interview from The Kapowich Vault covers what every party needs to know.


California real estate attorneys Adam Pedersen and Ashlee D. Gonzales from Brewer Offord & Pedersen LLP join Pat Kapowich to explain the legal framework that protects—and affects—everyone involved in the sale of tenant-occupied property.


What you'll learn:


• Why planning one year changes everything for sellers


• How rent control and cause eviction laws work in practice


• The tenant estoppel certificate and why it matters


• Notice of Sale and Entry form (C.A.R.) for real estate agents


• What tenants should know about their rights and leverage


• How buyers inherit existing lease obligations


• Cash for keys negotiations and relocation payments


Key Takeaways:


• Tenant-occupied homes can sell for 20-30% less than vacant properties


• Mandatory relocation payments can reach $10,000-$12,000 per adult tenant


• Cash for keys buyouts in rent-controlled areas can exceed $50,000


• Tenants have more negotiating leverage than most realize


• The right approach benefits all parties involved






NEED HELP WITH A TENANT-OCCUPIED PROPERTY?


 Contact Brewer Offord & Pedersen LLP for Legal Consultation:


Real Estate Attorneys | Palo Alto, CA


Phone: (650) 327-2900


Adam Pedersen, Esq. (ext. 20)


Ashlee D. Gonzales, Esq. (ext. 22)


Website:brewerfirm.com


LEGAL DISCLAIMER: This episode is for educational purposes only and does not constitute legal advice. Landlord-tenant laws vary by jurisdiction and individual circumstances. Rent control ordinances differ by city. Always consult a licensed real estate attorney in your county before making decisions about the sale of tenant-occupied property. Pat Kapowich is a California real estate broker (DRE #00979413) and does not practice law. The information presented was accurate as of the original recording date, but laws and procedures may have changed.


PRODUCTION CREDITS: This program was originally produced at CreaTV San Jose—production funded by Pat Kapowich. We extend our sincere thanks to CreaTV for their professional production service


Host Pat Kapowich is a Certified Real Estate Brokerage Manager and career-long consumer protection advocate.


Santa Clara County Association of Realtors 'President's Choice Award' "For demonstrating principles of good real estate practice; promoting and protecting home ownership and property rights; and distinguished service to members and the community."


Industry Designations Earned


• Certified Residential Specialist (CRS)

• Accredited Buyer's Representative (ABR)

• Graduate, REALTOR® Institute (GRI)

• Seniors Real Estate Specialist (SRES)

• Certified Trust & Probate Specialist (CTPS)


Since 1988, regardless of market cycles, Pat maintains a median of 9 days on market for single-family homes and 8 days for condos/townhomes.


Media & Publishing
Covered by or written for: The Wall Street Journal, San Jose Business Journal, San Jose Mercury News, East Bay Times, Broker/Agent Magazine, Bay Area News Group, and California Association of Realtors Magazine.


Pat is a lifelong resident of Silicon Valley, California. Office: 408-245-7700 | Email: [email protected] (mailto:[email protected]) | License: Broker# 00979413


Real-time market data: https://www.siliconvalleybroker.com/m...