The San Francisco Rent Ordinance permits an owner to evict an otherwise eviction-controlled tenant as long as the owner possesses the good faith and honest intent to use the property as his or her principal residence for at least thirty-six continuous months. This would enable an owner to move in with whomever they wished to share their new home, such as a husband, wife, partner, friend or anyone else. But what if the building contains multiple tenant-occupied units and an owner wants to have family live in one of those other units? Enter the San Francisco relative move-in eviction.
Under the San Francisco Rent Ordinance, not only may an owner evict tenants so the owner can move into that specific unit, but an owner may also evict tenants in a different unit in the same building where an owner lives for use of the owner’s grandparents, grandchildren, parents, children, sibling, or spouse. In fact, an owner need not even be living in the building at the time a relative move-in eviction notice is served, as long as the landlord is simultaneously seeking possession pursuant to an owner move-in notice himself or herself. For example, a new owner could have purchased a tenant occupied two-unit building, serve one unit with an owner move-in termination notice, and serve the other unit with a relative move-in termination notice. The only restriction is the relative moving in must have the same good faith and honest intent to occupy the unit for at least thirty-six continuous months at the time the notice is served, just like an owner.
The San Francisco relative move-in eviction also possesses one additional and significant benefit not shared with the owner move-in eviction. Where an owner move-in eviction might otherwise be precluded based on the protected status of a tenant, a relative move-in eviction could overcome that restriction. An owner can evict a protected tenant for a relative to live as long as the relative moving in is sixty years of age or older. This exception makes sense, as often times owners want to provide a parent with a place to live in the same building as them, but not necessarily in the same unit. Relative move-in evictions provide a terrific way for families to share the benefits of living in the same building along with the privacy and independence associated with separate homes.
The rules and regulations regarding San Francisco owner move-in and relative move-in evictions are complex and always subject to challenge by both property owners and tenants. If you are curious about learning more about performing a San Francisco relative move-in eviction or owner move-in eviction for a property you own or are looking to purchase, you should speak to an experienced San Francisco Real Estate attorney who represents 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