Landlords' Ability to Evict Tenant from Illegal unit in San Francisco

by Michael Papuc

Attorney at Law

44 Montgomery Street, Suite 2405

San Francisco, California 94104

415-773-1755

Michael.Papuc@gmail.com

Attorney Michael Papuc represents landlords and tenants in eviction proceedings in San Francisco

Many landlords in San Francisco are subject to the San Francisco Rent Control Ordinance and accompanying regulations. Sometimes landlords rent out in-law units, which never received building permits, and are cited by the Department of Building Inspections to either legalize th unit or demolish it. In such instance, the landlord often evicts a tenant living in the illegal unit.

San Francisco Administrative Code, sec. 37.9(a)(10), allows a landlord to evict under the following circumstances:

"The landlord seeks to recover possession in good faith in order to demolish or to otherwise permanently remove the rental unit from housing use and has obtained all the necessary permits on or before the date upon which notice to vacate is given, and does so without ulterior reasons and with honest intent; ..."

A problem arises when the landlord evicts the tenant, does not legalize the unit and rents out to another tenant. In such instance, the eviction of the prior tenant becomes wrongful.

Under the San Francisco Rent Board Rules and Regulations, Rule 1.20,

"‘Wrongful Eviction’ means the serving of a notice to quit a rental unit, the making of a demand for possession of a rental unit, or the prosecution of an Unlawful Detainer action in violation of the Ordinance."

A tenant who brings a wrongful eviction against a landlord in San Francisco, who is subject to the Rent Control Ordinance, may make a claim for treble damages and attorneys fees. (San Francisco Administrative Code, sec. 37.9(f).)

A landlord who is cited by the Department of Building Inspections for illegal unit, should either legalize the unit, demolish the unit, or take the unit off the rental market under the Ellis Act.