Thursday, February 21, 2013

Owner Move-In Evictions Under San Francisco Rent Control Laws

by Michael Papuc

Attorney at Law

44 Montgomery Street, Suite 2405

San Francisco, California 94104

415-773-1755

Michael.Papuc@gmail.com

San Francisco Attorney Michael Papuc represents landlords and tenants in eviction proceedings in San Francisco. The following is a summary of the owner-move eviction requirements:

San Francisco Administrative Code, sec. 37.9(a) (8) allows the landlord to evict under the following circumstances:

1. Landlord must seek to recover possession in good faith, without ulterior reasons and with honest intent;

2. The landlord, or landlord’s grandparents, grandchildren, parents, children, brother or sister, or the landlords spouse or the spouses of such relations, or domestic partner, shall reside in the unit for 36 continuous months as principal residence.

3. If a comparable unit becomes vacant and available before the recovery of possession, the landlord shall rescind the eviction and dismiss any action for recovery. If a non-comparable unit becomes available, the landlord shall offer it to the evicted tenant.

4. The landlord or relatives or spouses must live in the unit for 36 consecutive months, and must move in within three months after recovery of possession. If they do not, lack of good faith is rebuttably presumed.

5. Once the landlord recovers possession, no other unit in the building can be subject to owner move-in eviction. There are exceptions to this rule requiring landlord to file petition to Rent Board for approval, or if the landlord can prove hardship, disability or similar circumstances which prevents the landlord from occupying the unit he or she took possession of under owner move-in eviction.

The ordinance is very technical. Any landlord seeking to evict should seek an advice of an attorney with expertise in this area. Any tenant subject to landlord move-in eviction should also seek advice of attorney, and do whatever investigation he or she can for the 36 month period requirement.

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