Tenants are still occupying unit for sale in San Francisco TIC
A reader asks:I am looking into buying a TIC unit in San Francisco. The unit is tenant occupied and the tenants are month to month. I would like the unit to be vacant if I purchase the property. What are my options? Can I write an offer requesting the unit to be delivered vacant?
Answer:
Your options in San Francisco are very limited since we have rent control. First of all if you are in contract to buy a property in San Francisco that is tenant occupied you should contact an attorney who specializes in the rent control law in San Francisco. The rent control law changes often and new rulings make old assumptions false!! And it is a very complicated law. That is the only advice you should rely upon.
But generally speaking you cannot ask an owner to deliver the unit vacant if the tenant in the unit is in good standing-- pays rent on time, etc.
There are very few ways to evict a tenant. So if you want a unit to be vacant when you purchase it you should find a unit that is already vacant to buy. But if you want to buy a unit that is tenant occupied and the tenant does not have "protected" status then you have the right to give 30 day notice to vacate if you intend upon occupying the unit as your primary residence and there is no other unit in the building that has had an OMI (owner move in) eviction. But you should use an attorney for this process so that it is done properly.
Please check our blog for past articles on tenancy in common and rent control.
- Janis Stone
posted by SFResidence.com @ 8:02 AM
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