Tenants in San Francisco who enjoy eviction protections can only be evicted for just cause as set forth in the San Francisco Rent Ordinance. Those causes are categorized as either “fault” or “no fault” grounds for eviction. A San Francisco owner move-in eviction is a “no fault” eviction because the tenants are not being evicted for doing anything wrong; they are not at “fault”. The Rent Ordinance requires landlords performing a no fault eviction to pay tenants a certain sum for relocation expenses in an amount set by law.
In San Francisco, no fault eviction relocation payments are regulated by the Rent Ordinance, which sets forth who and how much must be paid. First, only eligible tenants need be paid relocation money. An eligible tenant is defined as any authorized occupant of a rental unit, regardless of age, who has resided in the unit for twelve or more months. This means that an eligible tenant need not be an original tenant, nor must the eligible tenant even be on the lease. All which is required to establish eligibility for relocation purposes is that the occupant is authorized to be in possession and they have been there for at least twelve months.
Each eligible tenant must be paid the amount set by the San Francisco Rent Ordinance, which is increased on a yearly basis pursuant to a formula based on the Consumer Price Index. Currently that amount is $6,281 per eligible tenant. The Rent Ordinance further caps the amount a landlord must pay eligible tenants at three times the relocation amount. This means that if a rental unit has four eligible tenants for example, rather than each tenant getting the full amount, they would instead share equally one quarter of the capped amount of three times the eligible tenant amount. A landlord serving an owner move-in notice is required to pay each eligible tenant one-half of the relocation payment when the termination notice is served and one-half upon the tenants vacating the property.
In addition to the relocation payment that must be paid to each eligible tenant with the owner move-in eviction notice, upon demand and proof, a landlord is also obligated to pay an additional relocation amount to each eligible tenant who is either 60 years of age or older, or is disabled pursuant to certain California law. The additional payment is also set by the Rent Ordinance on a yearly basis, and is currently $4,188. Curiously, the definition of “disability” for purposes of additional relocation payments differs from common assumptions and conceptions. The applicable California law defining disability for this purpose defines disability as essentially anything affecting a tenant’s quality of life. In addition to that additional relocation payment, upon proof and demand, a landlord must further pay an additional relocation payment if the household receiving the termination notice has at least one child under the age of 18. If these additional relocation payments are claimed, a landlord must make the first payment within fifteen days of the demand, the balance being paid when the tenants vacate.
So, what does it cost to perform a San Francisco owner move-in eviction? As far as statutory costs are concerned, a landlord must pay the necessary relocation amount to each eligible tenant as well as any proper additional relocation amounts demanded with proof based on age, disability, and/or a household with minor.
If you are curious about learning more about performing an owner move-in eviction or relative move-in eviction for a San Francisco property you own or are looking to purchase, it is advised that you contact an experienced San Francisco Real Estate attorney who represents property owners and landlords in San Francisco.
San Francisco Owner Move-In Eviction and Relative Move-In Eviction information provided by San Francisco Real Estate attorney Mark Chernev.
Mark B. Chernev, Zacks, Freedman & Patterson, PC, 235 Montgomery Street, Suite 400, San Francisco, CA 94115 : 415 – 956 – 8100