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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100023
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Our tenant at our commercial space amongst residential and

Customer Question

Our tenant at our commercial space amongst residential and live work units in San Francisco just revealed she moved into our unit to live along with work. The unit does NOT have a full bathroom and the building was built in 1992. Her lease expires in another year. Her lease was for commercial use. As landlords we are worried about San Francisco rent control laws and consequences of letting her continue to live in the unit in as down the road we may need the space for ourselves. Do we need to evict her to save headache down the road now that we just found out about this?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

In a word - yes.

If she moved in to live there, then she is violating the terms of the lease. This is grounds to have the lease terminated for material breach of contract.

Second, if she moved in to live there, then the city may end up fining the landlord for issues with proper certificates for residential lease, plus lack of other utilities and issues with the building not being approved for a residential lease. This will end up costing you in hundreds if not thousand of dollars.

Finally, she can move in and then use the above to attempt to sue you for breach of warranty of habitability as a landlord.

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