Tenant Buy-outs & Cash-for-Keys, Bracamontes & Vlasak
Serving San Francisco, Oakland, Berkeley, California and surrounding communities
In cities with Rent Ordinances, such as San Francisco, Oakland, and Berkeley, long-term tenants are most at-risk for wrongful evictions by their landlord. Certain landlords will attempt to “buy-out” long-term tenants. These tenancies are particularly valuable because the tenants are usually paying well below fair market rental value. Landlords in cities with Rent Ordinances are sometimes willing to pay these tenants significant amounts of money so they can re-rent the unit for a higher amount.
In other instances, landlords informally contact tenants and claim that they will be performing an owner move-in (“OMI”) eviction because either the landlord or his/her immediate family member will move into the unit. While OMI’s are legal, they cannot be done in retaliation and must be done in good faith. In San Francisco, there can only be one OMI per building – ever. As such, landlords are hesitant to implement an OMI where there is a possibility of negotiating with a tenant for a voluntary move-out.
If you are approached by your landlord concerning a buy-out offer, do not attempt to negotiate the amount by yourself. Most landlords have done this before and attempt to low ball tenants with unreasonably low offers. Hiring an attorney from Bracamontes & Vlasak, P.C. will give you the leverage you need to maximize your buy-out and help you understand your rights as a tenant.
A "cash-for-keys" arrangement usually arises in the course of a foreclosure, where the bank or real estate agent offers the tenant money to move out. A foreclosure is not grounds for eviction in San Francisco or Oakland. If you are a tenant whose landlord has let the property go into foreclosure, you still have rights.
If you face a buy-out offer, a “cash-for-keys” offer, or eviction, it is important that you act quickly. Contact an experienced eviction defense lawyer at Bracamontes & Vlasak, P.C. to help secure your rights. For a free consultation on your eviction circumstances, call us at 415-835-6777 or contact us by e-mail.
Important eviction timeline:
- The landlord serves a three-day notice (or a 30-day or 60-day notice);
- After the notice expires, the landlord can file a lawsuit (unlawful detainer);
- After the complaint has been served to the tenant, the tenant has five days to respond in writing to the court. Proper responses include, but are not limited to, demurrer, motion to quash service of summons, motion to strike, or an answer.
Call Bracamontes & Vlasak, P.C. at 415-835-6777 for a free consultation. You can also contact us by e-mail
Bracamontes & Vlasak, P.C.
220 Montgomery Street, Suite 870
San Francisco, CA 94104
Phone: 415-835-6777
Fax: 415-835-6780
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Bracamontes & Vlasak, P.C. serves San Francisco, San Rafael, Walnut Creek, Oakland, Berkeley, San Jose, Palo Alto and Mountain View. We also serve other communities in San Francisco County, Alameda County, Contra Costa County, Marin County, San Mateo County, Santa Clara County, Stanislaus County and San Joaquin County and San Francisco Bay, East Bay and South Bay of California.
