Ask a Landlord-Tenant Question, Get an Answer ASAP!
Thank you for your question.
This is a somewhat complicated issue.
I need to ask your age and whether or niot you are disabled.
Did the owner use the Ellis Act to evict a tenant in the unit the owner now occupies?
Have you been served with an eviction notice?
Did the owner file a Notice of Intent To Withdraw Residential Units from the Rental Market with the Rent Board? If so, when?
Did the owner tender 1/2 of the relocation payment with the eviction notice?
Please check with the rent board to see if the notice was filed.
Have you cashed the check yet?
Please tell me exactly what the eviction notice said.
What was the amount stated on the relocation check?
Thank you for your quick reply.
Please let me know what the rent board tells you. You should probably just hold the check uncashed until we can determine if this is a legal eviction or not. When you check with the rent board you can also ask if anything else has been filed by the landlord within the last year.
There are differences between an OMI eviction and taking a property off the rental market, and the rent board should know which one the landlord is attempting.
The landlord was still required to file a copy with the rent board, see
https://www.sftu.org/omi/ advises: "Tenants who receive an OMI eviction notice should bring it into the Tenants Union counseling clinic for review."
I'm still working on researching whether it is legal for an owner to do an OMI eviction when she already lives in the other half of a duplex.
Do the units have separate entrances?
Did you hear from the rent board? Is there a certificate of occupancy for your unit?
Certificates of occupancy are available at the Departmenr of Building Inspection. You can request a copy using the form linked from
If there is no certificate of occupancy you may be entitled to a large refund. Can you please check to see if your unit has a certificate of occupancy?
Is there a separate certificate oin each unit?
Something came up and I have court tomorrow morning early. I can get back to researching your issues after that. If you need an answer faster, please tell me and I will opt out and open the thread to the other Experts. I just do not have the time to work on this tonight.
Thank you for your patience.
Did the owner offer to rent you the unit the owner plans to vacate?
"The owner or relative should move into the unit within three months and intend to occupy the unit as that person's principal residence for at least 36 continuous months. If a comparable unit in the building is vacant or becomes vacant during the period of the notice terminating tenancy, then the notice must be rescinded. A vacant, non-comparable unit owned in San Francisco must be offered to the tenant being evicted."
You might want to ask the owner what the landlord intends to do with the soon to be vacated unit.
I'm still trying to research whether it is legal for the owner to do this. Have you made any complaints to the owner about habitability in the last 6 months?
I had to ask. I will keep researching this after court lets out tomorrow.
It is not illegal per se for the owner to do this as long as it is being done in good faith. You can confirm this with an SF Rent Board Counselor at(###) ###-#### You may want to have a local attorney review the notice and see if there is any way to challenge it. You can get a free consultation from some of the local attorneys listed here.
I hope this information is helpful.
The landlord can have only one pricipal residence and if he wants to use the entire property, he would have to file an Ellis Act petition and not an OMI petition. Once the owner moves into your unit he or she can rent out the other unit.