It is well known that it is not easy to evict a tenant in San Francisco if the rental property is covered by the San Francisco Rent Control Ordinance. However, one method that is allowed to be used for the purposes of Eviction is an Owner Move In (OMI) Eviction or a Relative Move In.
There are many technical requirements to evict a tenant for purposes of Owner / Relative Move In, and if any of them are violated the landlord may be subject to strict penalties. Even if the landlord is succesful, the landlord can still be subject to heavy penalties if it is later determined that the landlord acted in bad faith.
To evict for purposes of Owner / Relative Move In, the Landlord must serve a 60 Day Notice on the Tenant. The Notice itself has many requirements, and in addition, the landlord must pay relocation expenses. The exact amount of relocation expenses depends on the number of tenants in the unit. Once the Notice is served, a Tenant has a fixed amount of time to assert any defenses that may bar the eviction. If the tenant fails to do so, then Tenant must move out. Failure to move out will require the Landlord to bring an Unlawful Detainer Action.
To determine if you qualify for a Owner / Relative Move In for purposes of eviction in San Francisco, contact our office to discuss your case with one of our attorneys.
