San Francisco OMI Eviction Attorneys
In cities with rent ordinances such as San Francisco, Berkeley, and Oakland, landlords may move into an apartment and evict tenants only if certain conditions are met. These evictions are referred to as owner move-in evictions or "OMI evictions." When a landlord conducts an owner move-in eviction, it must be done in good faith and without ulterior motive. That means a landlord cannot retaliate against a tenant for complaining about deficiencies with the unit or reporting problems to a government agency.
San Francisco Relocation Expenses
San Francisco tenants in rent-controlled units who receive owner move-in eviction notices are entitled to relocation expenses. As of March 1, 2011 tenants who lived in the unit for one year or longer are entitled to $5,101.00 each, up to a maximum of $15,304.00 per unit. Tenants that are over the age of 60, disabled, or households with children are entitled to an additional $3,401.00. However, the maximum of $15,304.00 per unit still applies.
Restrictions and Conditions of San Francisco OMI Evictions
Per the San Francisco Rent Ordinance, once a landlord does one owner move-in eviction in a building, no other current or future landlords may conduct any further owner move-in evictions. Tenants thus have some leverage in negotiating terms of their relocation or buy-outs since landlords may not want to use up their one owner move-in eviction.
A landlord may not conduct an owner move-in eviction when there is a comparable unit available. For example, if there are multiple one bedroom units in a rent-controlled building and one is vacant, a landlord cannot serve an OMI eviction on a tenant in another one bedroom unit in the building just to get that tenant out. Also, if a comparable unit becomes available during the notice period, the landlord must withdraw any pending OMI eviction.
New Restriction on Owner Move-ins in San Francisco
On March 14, 2010, Ordinance No. 33-10 became law and added section 37.9(j) to the San Francisco Rent Ordinance, providing that a tenant who has resided in the unit for at least one year with a minor child may not be evicted during the school year for an owner or relative move-in eviction.
Section 37.9(j) represents a potential new defense to an owner move-in eviction when a tenant has a custodial or family relationship with a minor residing in the premises.
Bay Area Wrongful Eviction Attorneys
Once a tenant has vacated the unit, the landlord must move into that unit within 3 months. Failure to do so, will give rise to a claim for wrongful eviction. Once a landlord does move into the vacant unit, he/she must remain in the unit for a period of 3 years. Failure to do so, will give rise to a claim for wrongful eviction. If you moved out of a San Francisco rent-controlled unit pursuant to an OMI eviction and have since discovered that the landlord has not lived there for 36 consecutive months, you may have a claim for wrongful eviction and should contact our office immediately.
If you have been subjected to wrongful eviction or attempted wrongful eviction by the owner or management of your Bay Area rent-controlled apartment or residential hotel, call a San Francisco tenant's lawyer at Bracamontes & Vlasak, P.C. today for a free consultation.
