Tenant protection laws are so strong in San Francisco that it is often more expedient for a landlord to pursue a “Tenant Buy Out” rather than trying to evict them. A Tenant Buy Out is where a landlord pays a tenant a set amount of money to leave the unit.
For many years these agreements were unregulated and only general contract law applied. However, as housing became tighter and tighter, more and more landlords started using in tenant buyouts in San Francisco. In response, in March of 2015 San Francisco passed the Administrative Code 37.9E. 37.9E requires landlords to make very particular disclosures, in writing, to a tenant before they present or negotiate a Buy Out Agreement.
Failure to follow the procedures allows a tenant to void the entire agreement. Further, a tenant can try to recover attorney fees during such a voiding action. So, landlords are advised to be extremely careful when trying to effectuate a buyout.
The attorneys at Jones & Devoy have experience in meeting all of the requirements for tenant buy-out agreements and can make sure that your interest is well protected.