My parents have a tenant that is making it difficult to show the property for sale. They refuse to work with the realtor and allow him to show the space. It's an inlaw apartment in San Francisco. Can they evict them due to intent to sell the house or does the house need to be sold before they can be evicted or do they have to keep serving them with notice of entry?
Thanks.
Answer
They cannot evict to sell. That is illegal under both California law, and especially under San Francisco's rent control ordinances. They do have to give notice of every entry, but under Civil Code section 1954(d)(2), they can give one written notice that the house is for sale and will be shown for the next 120 days on further verbal notice. Thereafter they only need to give the 24-hour entry notice verbally for showings. They must, however, leave written evidence of each entry when it occurs. Most commonly this is done by the real estate agent leaving their card in a conspicuous location. During this time, entry for other purposes related to the sale, such as inspections, repairs, etc., must still be in writing.
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