Maybe. When an owner serves a termination notice pursuant to the owner move-in eviction provision under the San Francisco Rent Ordinance, the termination notice is a sixty-day notice that requires the tenants to vacate on or before the end of the sixtieth day. After that deadline, the tenancy has been terminated, the tenants are no longer legal occupants, and are considered holdover tenants. Just because they are unlawful occupants, however, they still have a legal right to possession until that right is either surrendered voluntarily by the tenants or terminated by court order.
The San Francisco Rent Ordinance requires a landlord to rescind an owner move-in eviction notice if a comparable unit becomes vacant and available prior to a landlord recovering possession. If the building containing the owner move-in unit also contained a comparable unit, and that comparable unit became both vacant and available prior to the landlord recovering possession, the notice must be rescinded. This requirement could even be interpreted so broadly to require a landlord to rescind the owner move-in notice not only while a landlord was litigating an unlawful detainer action for possession based on the owner move-in, but even after a landlord received judgment in their favor and was merely waiting for the sheriff to execute the writ of possession!
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