Cal. Civ. Code § 3410

(a) Notice of conversion.-- The declarant of every condominium containing one or more conversion buildings shall
give each of the residential tenants and residential subtenants, if any, lawfully
in possession of a unit or units in a conversion building or buildings, a conversion
notice no later than one year before the declarant will require such residential tenant
and residential subtenant to vacate. The conversion notice must set forth generally
the rights of residential tenants and residential subtenants under this section and
shall be hand delivered to the unit or mailed by prepaid United States certified or
registered mail return receipt requested to the residential tenant and residential
subtenant at the address of the unit and not more than one other mailing address provided
by a residential tenant. Every notice shall be accompanied by a public offering statement
concerning the proposed sale of condominium units within such building or buildings.
Except as otherwise provided in subsection (f), no residential tenant or residential
subtenant in a conversion building may be required by the declarant to vacate the
unit he leases earlier than one year after the conversion notice date, except by reason
of nonpayment of rent, waste or conduct that disturbs other tenants' peaceful enjoyment
of the premises and the terms of the tenancy, including those terms that apply to
a period occurring in whole or in part after the conversion notice date, may not be
altered, but may be enforced, during that period. Failure of a declarant to give notice
to a residential tenant or residential subtenant entitled to such notice pursuant
to this subsection is a defense to an action for possession against such residential
tenant or residential subtenant.
(b) Offer to tenant to purchase unit.-- For six months after the conversion notice date, the declarant shall offer to convey
each unit or proposed unit occupied for residential use in a conversion building to
the tenant who leases that unit. If the tenant fails to purchase his unit during that
six-month period, the declarant may not offer to dispose of an interest in that unit
during the following six months at a price or on terms more favorable to the offeree
than the price or terms offered to the tenant. This subsection shall not apply to
any rental unit which immediately prior to the conversion notice date was restricted
or devoted exclusively to nonresidential use or the boundaries of which unit, after
the creation of the condominium, will not substantially conform to the boundaries
of such unit on the conversion notice date.
(c) Effect of wrongful conveyance.-- If a declarant, in violation of subsection (b), conveys a unit to a purchaser for
value who has no knowledge of the violation, recordation of the deed conveying the
unit extinguishes any right a tenant may have under subsection (b) to purchase that
unit if the deed states that the seller has complied with subsection (b) but does
not affect the right of a tenant to recover damages from the declarant for a violation
of subsection (b).
(d) Notice to vacate.-- If a conversion notice specifies a date by which a unit or proposed unit must be vacated,
the conversion notice also constitutes a notice of termination of the tenant's lease,
subject to revocation in accordance with subsection (i), and a notice to quit specified
by section 501 of the act of April 6, 1951 (P.L.69, No.20), known as The Landlord
and Tenant Act of 1951.
(e) Improper lease termination prohibited.--
(1) Nothing in this section permits termination of a lease by a declarant in violation
of its terms.
(2) Nothing in this section or in any lease shall prohibit a residential tenant, after
receiving notice pursuant to subsection (a), from terminating any lease without any
liability for such termination provided such tenant gives the building owner 90 days'
written notice of the intent to terminate the lease.
(3) The declarant or owner of any proposed conversion condominium shall not engage in
any activity of any nature which would coerce the tenant into terminating any lease,
including but not limited to stampeding, harassing tenants or withholding normal services
or repairs.
(f) Units leased to senior citizens and disabled persons.--
(1) For the purpose of this subsection, an eligible tenant or subtenant shall be a natural
person who, on the conversion notice date, lawfully occupies a unit in a conversion
building as his principal residence and is 62 years of age or older or is disabled,
and has occupied the unit for at least two years. For the purpose of this subsection,
a person shall be deemed to be "disabled" if on the conversion notice date he is totally
and permanently unable to engage in any substantial gainful activity by reason of
any medically determinable physical or mental impediment, including, but not limited
to, blindness.
(2) Within 60 days after the conversion notice date, any tenant, or subtenant, in possession
of a unit, who believes that he is an eligible tenant or subtenant shall so notify
the declarant and shall provide the declarant with proof of his eligibility. Any eligible
tenant or subtenant who has established his eligibility as aforesaid shall be entitled
to remain in possession of his unit for two years following the conversion notice
date, notwithstanding any prior termination date in his lease, except by reason of
nonpayment of rent, waste or conduct that disturbs other occupants' peaceful enjoyment
of the condominium, and the terms of the tenancy, including terms that apply to a
time period after the conversion notice date, may not be altered, but may be enforced,
during the time period between the original lease termination date and the expiration
of this two-year period except as is otherwise provided in paragraph (3).
(3) The monthly rental payable by the tenant during the time period commencing upon the
later to occur of the original lease termination date or the first anniversary of
the conversion notice date and ending upon the expiration of the two-year period described
in paragraph (2) shall be the same monthly rental as was payable for the month immediately
preceding the original lease termination date, except that, at the landlord's option,
such monthly rental may be increased by the lesser of 5% of such monthly rental or
the same percentage increase as the percentage increase, if any, in the Consumer Price
Index as calculated and published by the United States Department of Labor for the
six-month time period commencing on the first day of the first full calendar month
after the conversion notice date.
(4) Failure of a declarant to comply with the provisions of this subsection is a defense
to an action for possession.
(g) Tenant meetings; open to the public.-- With respect to any conversion building containing one or more units then occupied
for residential use, at least 30 days before the conversion notice date, the declarant
shall hold a tenant meeting open to the public in the municipality where the proposed
conversion building is located at a place and time convenient to the persons who may
be directly affected by the conversion. At least ten days' notice of the time and
place of the meeting shall be given to residential tenants and subtenants in lawful
possession of their units in the same manner as is required for the giving of the
conversion notice and to the general public by a notice in a newspaper of general
circulation in the municipality in which the condominium is located, except that no
notice to the general public need be given with respect to conversion buildings as
to which the provisions of section 3402(b) (relating to public offering statement;
general provisions) are applicable. At such meeting, representatives of the declarant
shall briefly describe the following and may, but shall not be required to, discuss
other matters:
(1) The rights and obligations of tenants and subtenants pursuant to this section.
(2) Improvements, if any, then planned to be made to the condominium by the declarant.
(3) The anticipated approximate range of initial unit sales prices. Specific unit sales
prices need not, however, be provided.
(4) The anticipated approximate range of estimated monthly common expenses for various
types of units, however, specific per unit estimates need not be provided.
(h) Community development grants.-- If Federal funds under Title I of the Community Development Act of 1974 have been
used to finance the rehabilitation of multifamily rental housing, with the intent
that such housing subsequent to the rehabilitation is to be used for residential rental
purposes, such housing shall not be converted to a condominium for a period of ten
years from the date the rehabilitation is completed.
(i) Revocation.-- A declarant may subsequently revoke a conversion notice if the declarant has expressly
reserved the right of revocation in the conversion notice and if the notice of revocation:
(1) is given prior to the conveyance of any unit in the condominium occurring after the
conversion notice date other than a unit or units conveyed to a successor declarant
or as a result of foreclosure of a mortgage on the unit or a deed in lieu thereof;
(2) is given in the same manner as is required for the giving of the conversion notice;
and
(3) is given to all persons who were entitled to receive the conversion notice and who
continue to be in lawful occupancy at the time such notice of revocation is given.
The giving of a notice of revocation revokes all rights granted under this section,
but does not revoke the rights granted to residential tenants under subsection (a)
or (f), and such rights shall be deemed to have been incorporated in each residential
tenant's lease.
(j) Waiver of purchase rights.-- Notwithstanding any provisions of this subpart prohibiting waiver of rights, any tenant
may waive his right to purchase a unit pursuant to subsection (b) if the waiver is
in writing, is acknowledged and is given in consideration of:
(1) an extension of the term of the tenant's tenancy and right of occupancy under this
subpart beyond the time period required by subsection (a) or (f) as applicable;
(2) the tenant entering into an agreement to purchase another unit in the condominium;
or
(3) all occupants of the unit making alternative living arrangements.
(k) Alteration of terms of tenancy.-- Notwithstanding any provisions of subsection (a) or (f), the terms of the tenancy
of a tenant or subtenant may be altered with the express written consent of that tenant
or subtenant, and such altered terms shall then be the terms of tenancy referred to
in this section.
(l) Application of section.-- The provisions of this section shall apply only with respect to conversion buildings
in which one or more residential tenants or residential subtenants are in lawful occupancy
on the conversion notice date and the only tenants who are entitled to exercise the
rights granted under this section are residential tenants or residential subtenants:
(1) who are in lawful occupancy of conversion building on the date the declarant gives
the conversion notice; or
(2) who commence their tenancy after the notice of conversion is given to the other residential
tenants without having been notified in writing, at or prior to the commencement of
their tenancy, that the property is then a condominium and that they are not entitled
to the rights granted under this section.
Such rights continue only so long as the lawful occupancy of the tenant or subtenant
continues.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004, P.L.1509, No.191,
eff. 60 days)
2004 Amendment. Act 191 amended subsecs. (d) and (j)(1).
Cross References. Section 3410 is referred to in section 3103 of this title.