As a result of rising rents and landlord's limited means for evicting long term tenants, tenant buyouts have become more and more common in San Francisco, and now in Oakland and Berkeley as well. Because these negotiations can be complicated our office is here to help steer you through the process.
A buyout is a voluntary termination of your tenancy in exchange for a sum of money. The amount your tenancy is "worth" can vary wildly. Buyouts run the gamut from a few thousand dollars well into the six figures. The price you arrive at will ultimately depend on strategy, needs and relative bargaining power. Each circumstance is different, and we will use our expertise to help guide you through the process.
Your landlord is almost certainly looking at this as a business decision. You should too. While your landlord will eventually recoup whatever costs they incur in a buyout later on - either by charging higher rent to a new tenant, or because they can sell the property at a higher price, the money you get is finite. Before you jump at a buyout consider these questions:
1) Where will you move?: If you're staying in San Francisco, you can expect your rent to be much higher if you're moving out of a low-rent apartment. Are you going to just be handing over the money you get in a buyout to another landlord? If you're moving out of the Bay Area then your money will of course go farther.
2) What are the risks?: Does your landlord have other ways to force you to move out if you don't negotiate a deal such as an owner move in eviction or Ellis Eviction? While threats of these "no fault" evictions are common in buyout negotiations, it can be difficult to know when or if your landlord is bluffing - and in certain circumstances you may never know. However, by evaluating your options and your comfort with risk you may be able to get a better handle on what you are or aren't comfortable with and whether or not it makes sense to test the waters in negotiating a buyout.
3) What are you prepared to do if a deal can't be reached?: What happens if you don't get the number you feel you deserve? Are you prepared to defend an eviction lawsuit if one is filed or will you likely move out all the same? Are you prepared / happy staying put? An understanding of what you're prepared to do is crucial going into any negotiation. We can help you come up with the best strategy to fit your needs.
Our office has successfully negotiated buyouts for hundreds of Bay Area tenants. If you are going to negotiate a buyout having an experienced attorney by your side can be extremely helpful. Because our office cares about keeping tenants in their homes, we want to be sure that you consider your options thoroughly before you decide to agree to move out. To set up a free consultation to discuss your buyout options contact us today.
Laws Governing Tenancy Buyouts
In March 2015 the San Francisco Rent Ordinance was amended to include a new section, 37.9E governing buyout negotiations. The new law includes the following requirements among others:
- Landlords are now required to provide tenants with a written disclosure form created by the San Francisco Rent Board before he or she can even talk to you about a buyout.
- Provides tenants with 45 days to rescind any written buyout agreement
- Landlords must file and register buyouts with the SF Rent Board.
- As with "no fault evictions" Buyouts can impact a landlord's ability to convert a building into condos. More information about the requirements of this disclosure can be found on the Rent Board website: here.