Sale of Property

The sale of a property, a foreclosure, or a change in ownership do not constitute just causes for eviction in Berkeley

In most instances, when a property is sold, the terms of tenancy (including rent levels) will simply transfer to the next owner. It’s imperative that all parties understand the rent control status (if any) of rental units for sale, because that will determine the rules and regulations that apply. Please consult with a housing counselor for more information. 

Showing of rental units 

State law allows landlords the right of entry under certain circumstances, such as in the case of an emergency; to make necessary or agreed repairs, alterations, or improvements; to supply necessary or agreed services; or to show the unit to prospective buyers, tenants, etc. (Ca. Civ. Code § 1954). This law also requires landlords to provide 24-hour written notice prior to the time of entry and limits entry to normal business hours. The tenant’s presence is not required at the time of entry under state law. 

Tenant Estoppels 

An estoppel is generally an opportunity to inform new/prospective owners of the conditions of a unit and the terms of tenancy. They are especially helpful to ensure that new owners are informed of outstanding repair requests, rent levels, and other informal agreements that may have been made with the landlord about access to space/services. The Rent Board recommends attaching a copy of lease agreements to estoppels as well.

Registration Requirements and Status

Check with our office about the property’s registration requirements and status before purchasing. New owners are responsible for the outstanding debts of the prior owner, including any outstanding registration fees and penalties. After purchasing, update ownership information with our office as soon as possible to ensure you receive all communications about your property, including registration fee bills. 

Buyouts, Owner Move-in or Ellis Act Evictions

Landlords may offer tenants voluntary buyout agreements prior to the sale of a property. In the event that landlords want to perform owner move-in or Ellis Act evictions, it’s always advised that landlords consult with the Rent Board and/or legal counsel before preparing any such notices.