Legal Question in Landlord & Tenant Law in California
End of lease - do I have to move?
I live in San Francisco, my house is under the eviction control of the SF rent ordinance.
My lease ends in few months. Is the end of the lease a cause of eviction with no relocation fees?
My LL tels me I have to move, that it is not an eviction.
I tthink he's wrong, that he has to send me a notice of eviction anyway and that I am elligible for relocation fees.
I know he wants the house back for himself but I only know it oraly.
Who is wright? We always had very good relations and I don't want to fight. If I'm right, is there a text I can show him so we can discuss and find a deal?
1 Answer from Attorneys
Re: End of lease - do I have to move?
Before you panic, be aware that you are apparently entitled to at least $500.00, possibly $1,000.
Also the unit has to be registered as owner-occupied, and, in addition, the owner has to have occupied the unit for at least 36 months, for the above to apply.
This does not appear (either way) in your statement of facts.
My colleague, Robert F. Cohen, who practices in San Francisco, is entitled to all the credit for this, as well as the work in digging up the applicable "text" for you to read and show the landlord. When you write "he wants back the house for himself", but you do not indicate whether he is living there, which is essential.
What I cannot help with depends on when the landlord bought, or took possession of the premises. Also since you asked for text, and I do not know what part applies, I am sending you all the text which Mr. Cohen forwarded to me, including his comment on the owner's position.Bob, the link has your name on it. Here are the initial applicable portions of the statute. It appears he/she would be entitled to $1,000 in relocation costs (although this seems awfully low for SF). The landlord also has to register the unit as owner-occupied, and has to occupy it for 36 months; otherwise he's in deep trouble and the then-former-tenant would have additional remedies.
Please refer to the S.F. Muni Code Section Section 37.9 evictions.
Please e-mail, or call my office, if you need more, as Mr. Cohen has been kind enough to e-mail me what appears to be the entire section covering this law.