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Tenant-occupied rentalsBy Anthony Grynchal6 min read

Buying a Long Beach Duplex Subject to the Existing Lease Instead of Paying Cash for Keys

Why selling a tenant-occupied Long Beach duplex subject to the lease often nets more than cash for keys, and what Long Beach's just-cause rules change.

If you own a tenant-occupied duplex in Long Beach and want to sell, you do not have to empty it first. The property can be sold subject to the existing leases: the tenants stay, their leases and deposits transfer to the buyer at closing, and nobody negotiates cash for keys or files anything. Emptying the building before a sale means a no-fault termination under Long Beach's just-cause ordinance, relocation assistance, vacancy and months of lost rent. Whether that effort pays depends on how much more a vacant duplex would bring, and for many older Long Beach duplexes the math does not close.

Here is how each path works and how to compare them.

What does "subject to the existing lease" mean?

It means the buyer takes the building with the tenancies in place. The leases continue on their terms, the rent is paid to the new owner after closing, and the security deposits move to the buyer through escrow as California law provides. The tenants are told who the new owner is. Nothing about their tenancy ends because the building sold.

For the seller, it removes the most expensive and slowest part of a rental sale: creating a vacancy.

What does it cost to deliver a Long Beach duplex vacant?

Long Beach adopted its own just-cause ordinance, now codified as Municipal Code chapter 8.99, which goes further than the state's Tenant Protection Act in several ways. For a no-fault termination, such as an owner moving in or taking the unit off the market, the ordinance requires a valid just-cause reason, proper notice, and relocation assistance to the tenant, with higher amounts for demolition or substantial remodel. A notice that does not comply is void.

Add up what a vacant sale actually requires:

  1. A lawful no-fault reason that fits your plan
  2. Written notice for the period the law requires
  3. Relocation assistance under the ordinance
  4. The rent you do not collect while the unit sits empty
  5. Turnover work before the building shows as vacant
  6. The risk that a tenant disputes the termination and the timeline stretches

Those costs come before the listing even starts. Confirm the current rules with the City of Long Beach or an attorney before relying on any of this; the ordinance has been amended more than once.

Why would a vacant duplex sell for more?

Because the buyer pool changes. A vacant duplex can be bought by an owner-occupant who plans to live in one unit and rent the other, and owner-occupant loans on two-unit buildings are easier to get than investor loans. More buyers usually means a higher price.

A tenant-occupied duplex sells to investors, who price it on the rents, the expenses, the deferred maintenance and the rules they inherit. If the current rents are below market and the tenants are long-term, an investor will pay less than an owner-occupant would for the same building empty.

So the question is never "is vacant worth more?" It usually is. The question is whether it is worth more by enough to cover everything in the list above, and whether you can get there in time.

How do the two numbers compare the paths?

The cash column prices the duplex with the leases in place: the rent roll, the lease terms, the deposits to transfer, and the condition deductions for each unit. The open-market column prices two things: a sale to investors with the leases in place, and the vacant-sale path with the relocation assistance, lost rent, turnover and time all subtracted.


Sell with tenants in place

Deliver vacant, then sell

Buyer pool

Investors

Owner-occupants and investors

Before listing

Nothing

Lawful termination, notice, relocation assistance, vacancy

Rent while you wait

Collected

Lost for the vacant months

Timeline risk

Title only

Tenant dispute, notice errors, turnover work

Price

Priced on the rent roll

Priced as an owner-occupant property

When the vacant path still nets more after its costs, and the seller has time, the recommendation says so. When it does not, selling subject to the lease is the cleaner exit.

How is the walkthrough done with tenants living there?

With notice. California Civil Code section 1954 requires reasonable written notice before a landlord or the landlord's agent enters a tenant's unit, and entry during normal business hours; the code sets out what notice is presumed reasonable and special rules for showing a unit to prospective buyers. The walkthrough is scheduled with that notice, at a time that works for the tenants, and nobody asks tenants to stage or tidy anything.

If a tenant is uncooperative or the lease has unusual terms, say so before the walkthrough. It changes both numbers and is written down.

What happens to the security deposits?

California Civil Code section 1950.5 governs security deposits, including what happens when a rental property is transferred. In practice, escrow transfers the deposits to the buyer or handles them as the statute allows, and the tenants are notified in writing. The offer sheet lists the deposits being transferred so the net is accurate.

What this looks like in practice

These are the kinds of files that come in, described without names or figures.

  • A Long Beach duplex with one long-term tenant at a below-market rent and one newer tenant, owned by a landlord who has moved to Arizona and does not want to manage a termination from there.
  • A Long Beach fourplex where the four leases end on different dates, and the owner wants out without timing four move-outs.
  • A duplex in Ontario, closer to our Claremont base, with one tenant on a month-to-month agreement and a tired owner who inherited the building.

Is this only a Long Beach question?

No. The same comparison applies across the six counties, with a different set of local rules each time. In Pomona, for example, the city runs its own rent stabilization and eviction control program; see the Pomona area notes. Where no local ordinance applies, California's Tenant Protection Act, Civil Code section 1946.2, covers many rentals. The open-market read accounts for whichever rules apply to the specific building.

Next step

If you own a rental with tenants in Los Angeles, Orange, Riverside, San Bernardino, San Diego or Ventura County, read how we handle tenant-occupied rentals, or send the address with the unit count and a summary of the leases. Both numbers come back in writing, and the tenants stay where they are.

Sources

Mr. Cali Offers does not give legal advice to landlords or tenants. Termination, relocation and rent rules are set by California law and local ordinances; confirm them with the city or an attorney. Cash offers come from independent buyers and investors who buy for their own account and may resell for profit; a cash offer is generally below what the open market would bring.

Frequently asked questions

Do I have to tell my tenants I am selling?

They will learn about the walkthrough through the entry notice, and they must be told who the new owner is after closing. How much else you say is up to you.

Can the buyer raise the rent after closing?

Only as the lease, California law and any local ordinance allow. Those limits are part of why investors price occupied buildings the way they do.

Is cash for keys illegal?

No. A voluntary move-out agreement is legal when it is genuinely voluntary and complies with the rules that apply. It is simply often unnecessary when the building can be sold with the tenants in place.

What if one unit is vacant already?

Then the building is priced as partly vacant, and the open-market column shows whether leasing the empty unit first or selling it vacant nets more.

Do you buy fourplexes and small apartment buildings?

Yes. See land, lots and small multifamily.

Written by

Anthony Grynchal

Anthony Grynchal is a California real estate salesperson with eXp Realty, licensed since November 2009 (CA DRE #01873626), and the owner of Mr. Cali Offers.

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