Rental Property Owner Advisory (C.A.R. Form RPOA) with clear explanations,

🔹 GENERAL PURPOSE & UNDERSTANDING

  1. What is the Rental Property Owner Advisory (RPOA) form used for?

Explanation:
The RPOA is a C.A.R. advisory that informs owners of residential income properties (typically 1–4 units) about their legal responsibilities when selling a tenant-occupied property. It outlines:

  • Disclosure obligations
  • Landlord-tenant laws
  • Inspection rights
  • Transfer of deposits
  • Rent control considerations
  1. When should I use the RPOA form?

Explanation:
Anytime a property with tenants is being listed or sold. The RPOA is provided to the seller to help them understand:

  • Their duties during the sale
  • What must be disclosed to the buyer
  • What must be provided to the tenant (e.g., notices, relocation assistance, etc.)
  1. Is the RPOA form required by law?

Explanation:
No. It is not legally required, but strongly recommended and often required by brokerages for transactions involving tenant-occupied properties.

  1. Who signs the RPOA form?

Explanation:
The seller signs the form. The listing agent or broker also signs to confirm the form was presented and discussed.

🔹 ZIPFORMS-SPECIFIC QUESTIONS

  1. Where do I find the RPOA form in ZipForms?

Explanation:
In ZipForms:

  • Click “Add Forms”
  • Search for “RPOA” or “Rental Property Owner Advisory”
  • Select C.A.R. Form RPOA
  1. Should I include RPOA in my listing template for tenant-occupied properties?

Explanation:
Yes. If you regularly list rental or income properties, include RPOA in your listing-side transaction templates in ZipForms.

  1. Can I send the RPOA for electronic signature?

Explanation:
Yes. The RPOA form can be sent through DigiSign, DocuSign, or any ZipForm e-signature tool.

🔹 DISCLOSURES, TENANT RIGHTS & LEGAL QUESTIONS

  1. What disclosures must a seller of a tenant-occupied property make?

Explanation:

  • Existing leases or rental agreements
  • Any tenant estoppels, notices served, or eviction actions
  • Security deposits held
  • Rent control or tenant protection laws affecting the property
  • Condition of the unit(s) if known
  1. What is a Tenant Estoppel Certificate and does RPOA mention it?

Explanation:
Yes. The RPOA states that buyers may request tenant estoppel certificates, which verify:

  • Lease terms
  • Rent amounts
  • Security deposits
  • Other tenant-related info

Estoppels help protect buyers from undisclosed tenant issues.

  1. Does RPOA address rent control or local ordinances?

Explanation:
Yes. It reminds the seller they must comply with:

  • State rent control (AB 1482)
  • Local city or county ordinances, including eviction restrictions, just-cause requirements, and relocation fees
  1. Does the seller need to give tenants notice before showings?

Explanation:
Yes. Under California Civil Code §1954, tenants must receive reasonable notice (24 hours) before entry. The RPOA covers these tenant access laws and privacy rights.

  1. What happens to the tenant’s lease when the property is sold?

Explanation:

  • Fixed-term leases remain in effect and transfer to the buyer
  • Month-to-month leases also transfer, but the buyer may terminate per applicable just-cause eviction laws (AB 1482 or local)

RPOA alerts the seller that leases do not end at COE unless mutually agreed.

  1. Is the seller responsible for transferring the security deposits?

Explanation:
Yes. The RPOA confirms the seller must transfer tenant security deposits to the buyer and notify the tenants in writing per Civil Code §1950.5.

  1. Can a seller evict the tenant before closing?

Explanation:
Only if:

  • The seller complies with state/local laws
  • Gives proper notice
  • And if the reason qualifies as a “just cause” eviction

RPOA strongly advises seller to consult an attorney before attempting to vacate a tenant.

  1. Do I need the RPOA for duplexes or triplexes with owner-occupants?

Explanation:
Yes. If any unit is tenant-occupied, RPOA is applicable—even if the owner lives in one of the units.

🔹 PRACTICAL BROKER & AGENT QUESTIONS

  1. Can I explain rent control laws to my client?

Explanation:
You can provide basic summaries, but you must advise the seller to consult legal counsel for specific applications or evictions. The RPOA reinforces this.

  1. Can the buyer back out if they don’t like the tenants or lease terms?

Explanation:
Possibly—especially if the lease or tenant information was not disclosed prior to acceptance or if it materially affects the buyer’s intended use (e.g., owner occupancy).

  1. What happens if the seller didn’t collect a security deposit or has no written lease?

Explanation:
That should be disclosed in writing. The RPOA alerts sellers to document all known tenant terms, whether oral or written.

  1. Should the seller provide copies of lease agreements?

Explanation:
Yes. The RPOA states the seller should provide copies of all leases, rental agreements, amendments, and tenant-related documents to the buyer.

  1. What if the tenant refuses access for showings or inspections?

Explanation:
Agents should:

  • Document access attempts
  • Provide 24-hour written notice
  • Respect tenant rights
  • Notify the seller and broker
    In extreme cases, legal intervention may be necessary.

âś… BROKER CHECKLIST FOR USING RPOA

Task Required? Notes
Add RPOA form to ZipForms transaction âś… C.A.R. Form RPOA
Seller signs RPOA âś… Prior to listing or early in escrow
Agent/broker signs RPOA âś… Confirm delivery
Review lease documents and rent roll âś… Provide to buyer
Advise seller to comply with rent control laws âś… Refer to legal counsel as needed
Include Estoppel Certificate in offer package âś… Recommended for buyer protection
Notify escrow to transfer security deposits âś… Part of COE instructions

Disclaimer:
The questions and answers provided are for general guidance only and may not cover all details or apply to every situation. If anything is unclear or you need further clarification, please visit car.org for official resources and the most up-to-date information from the California Association of REALTORS®.

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