Help! My apartment’s going condo
Question: My apartment building is being turned into condominiums. Where can I learn more about my tenant rights?
Answer: Demolition or conversion rights? Either way, both subjects are as searing as the red-hot real estate market. Booming residential real estate is spurring record demand for condo projects with local laws trying to keep up as well.
At the state level, the publication California Tenants is a great resource for renters and landlords. Consumers can request a single copy for free by calling (800) 952-5210 or view the publication on the state Department of Consumer Affairs’ website: www.dca.ca.gov/legal/landlordbook.
Local laws cover specific concerns. In some cities, such as Los Angeles, a tenant may be entitled to relocation money for an eviction due to a condominium conversion, even if the unit is not subject to rent control. The Los Angeles Housing Department can be reached at (866) 557-RENT or online at www.lacity.org/lahd for more information.
Other cities, including Santa Monica, Beverly Hills and West Hollywood, have their own regulations, which can be checked by calling the local city hall and asking for the department that handles rental housing issues.
In San Francisco, lawmakers have tried balancing the demands of progress with the needs of tenants for low-cost housing. To avoid too many conversions in any given year, a lottery has been set up for property owners looking to convert rental units into condominiums.
Because condominium conversion laws can be complex, it may be wise to consult an attorney. Relocation, notice terms and housing options are other issues that should be discussed.
All the details,
‘as of right now’
Question: I’ve been asked to fill out an estoppel certificate by my landlord. What’s this?
Answer: From the root word “estop,” the legal concept behind this fill-in document is to establish a set of “as of right now” details that are part of your tenancy and establish details regarding your individual unit.
Virtually unheard of a scant decade ago, estoppel forms or certificates have become increasingly popular.
Why? The documents, usually about a page in length, give a past and present picture of the unit. The form also provides lenders or borrowers with concrete information during a sale.
Items covered in estoppel forms often include:
* Lease details, such as the names of the original occupants and the current ones.
* The amount and deposit location of all the funds being held for security. Although California law allows only one type of deposit, some older leases mention other types, such as cleaning and key deposits, that are no longer allowed to be separate or nonrefundable.
* Renewal options (if any) regarding the lease, and whether they have ever been exercised.
* Notes on whether any right or option to buy the property was first offered to the tenant, establishing a preferential right.
* A statement that the tenant has not filed (or is in the process of) any type of bankruptcy.
* A statement that rents have been paid in full as of the date of certification.
Most of the information is easy to understand on the form, but if any term or item is unfamiliar, ask the person who provided the document before signing the final certificate.
Properly used, an estoppel certificate provides a blueprint for the next owner regarding your tenancy. Hopefully, it will also prevent any misunderstandings in the future.
