August 7th, 2017 at 11:12 am

In some sales transactions, problems may arise when the seller’s tenant remains in possession after close of escrow. One way to protect yourself as the agent is to use the new BHHS Tenant in Possession Advisory, currently available in our BHHSCP library in zipForm or through MyConnect. Give your clients the advisory and have them sign and return the acknowledgment of receipt.

The new Tenant in Possession Advisory lets your clients know that leasing is a serious matter. It encourages the buyer to investigate into all aspects of leasing to the seller’s tenants. Additionally, the advisory reminds clients that we will not act as a property manager nor be responsible for the lease to the tenants. The advisory also warns clients about the possible problems with leasing property that has unpermitted or noncompliant improvements. This warning comes at the heels of a recent court case involving a landlord under Los Angeles rent control who was unsuccessful in evicting a non-paying tenant living in an illegal unit (as discussed in the Legal Blog on March 13, 2017).

Copyright© 2017 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of August 7, 2017. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals.

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