Selling a probate property is complex enough. Selling one with a tenant living in it, especially one who pays low, rent-controlled rent or has stopped paying altogether, adds a layer of difficulty that scares off most general agents. This is a problem that falls directly into the attorney’s lap unless you have a specialized partner.
Navigating Tenant Rights and Estate Needs
California has some of the strictest tenant protections in the country. An aggressive, non-compliant approach to tenant removal can result in costly lawsuits against the estate, tying up the asset for years.
The core problem is financial: selling a home with a tenant usually results in a lower sale price because the limited buyer pool consists solely of investors. The estate misses out on the higher prices commanded by owner-occupant buyers.
The Strategic “Cash for Keys” Solution
We are experienced in negotiating “Cash for Keys” agreements that are legally sound and financially beneficial for the estate. We approach the tenant with respect, offering a structured relocation assistance package that allows them to move voluntarily and peacefully.
By successfully transitioning a tenant out before listing, we can market the home to owner-occupant buyers, often netting the estate significantly more money than the cost of the relocation assistance package. We handle these delicate, friction-filled negotiations, shielding your firm from the daily emotional labor and legal risk.
Facing a probate or trust sale complicated by tenant issues? Let’s discuss a strategic exit plan. The first consultation is always complimentary, and our Mobile Notary Service ensures all settlement agreements are executed efficiently.