Owner Move In Evictions
Under certain circumstances, a landlord or their relatives may be able to evict a tenant so the owner or relative can occupy the unit. But OMI evictions are subject to very specific requirements and processes. This is particularly true for San Francisco, Oakland, and Berkeley, which have each implemented their own ordinances controlling how and when a landlord can evict a tenant to occupy the unit.
San Francisco Owner Move In Requirements
Landlord move in evictions are supposed to be limited to situations where a landlord honestly wants to move either themselves or closely related family members in the building they own. Requirements under the San Francisco Rent Ordinance are often evolving and changing, however, the following are some requirements specific to San Francisco.
Landlords must own at least a 25% interest in the building if purchased after February 22, 1991. Landlords must serve a 60 day notice for tenancies of at least a year and a thirty day notice for tenancies of less than a year. The notice must include specific disclosures such as the unit rental amount, a declaration that the landlord seeks to recover the unit in good faith for occupancy as the principal place of residence, and an address change form. Landlords must also disclose in writing to the tenant:
- The current rent and the right to re-rent at the same rent with adjustment for rent increases allowed by the Rent Ordinance, for a period of five years following service of the notice to quit if the landlord re-rents within that time.
- The name of the landlord or relative who wants to move into the unit and a description of the current residence(s) and relationship to the landlord. The landlord must be a natural person or group of natural persons. A corporation or a trust cannot qualify under these requirements.
- The names, percentage of ownership, and the dates that the ownership was recorded in the county records for each of the owners of the property where the landlord is evicting.
- A statement of occupancy from the landlord is disclosed to the Rent Board.
- A description of all property owned by the landlord and any relative for whom the landlord is evicting.
- If the landlord has recovered possession of other rental units in San Francisco for any reason under San Francisco Administrative Code 37.9(a) other than nonpayment of rent in which the tenant who was displaced had resided for at least 36 consecutive months.
- The right to a relocation payment, the amount, and a copy of San Francisco Administrative Code Section 37.9C.
- A copy of the San Francisco Administrative Code Section 37.9B.
- If the landlord served a notice to vacate for a different unit.
- Warn the tenant that the tenant must submit a statement to the landlord within 30 days of service of the notice to vacate, with supporting evidence, if the tenant claims to be a member of a protected class under San Francisco Administrative Code 37.9(i) or (j), and that failure to do is deemed an admission that the tenant is not protected.
- A form that the tenant can use to inform the Rent Board of any change of address.
Failure to adhere to the mandatory disclosures may cause an owner move in eviction to fail. Landlords or tenants can contact Bay Area Legal Group to discuss the owner move in eviction process in San Francisco, Oakland, and Berkeley.
Call Bay Area Legal Group at 415-650-1296