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socallegalwork, Lawyer
Category: Real Estate Law
Satisfied Customers: 104
Experience:  Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.
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I have a tenant in an illegal inlaw unit in my SF home

Customer Question

Hello, I have a tenant in an illegal inlaw unit in my SF home who I would like to vacate. I live in the house as well. I plan on taking the illegal unit off the market and possibly renting the entire house. Can you provide some direction on the steps I need to take to make that happen? And also, Am I able to raise the rent only according to SF's rent control rules, or because it is an illegal unit in a single family home am I able to raise the rent at my own discretion. Thank you very much!
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Maverick replied 5 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….1. Can you please clarify what this means: "I have a tenant in an illegal inlaw unit in my SF home" 2. What have you tried so far?
Customer: replied 5 months ago.
I have a renter in my home in San Francisco.
The unit is an in-law unit.
I have not tried anything yet.
I would like to know about the possibility of raising the rent as well.
Thank you.
Expert:  Maverick replied 5 months ago.
Thank you for the clarification... You should be aware that in order to legally evict, you will have “to demolish or to otherwise permanently remove the rental unit from housing use” pursuant to Rent Ordinance section 37.9(a)(10). As the landlord, you must obtain all the necessary permits, give Tenant a sixty-day notice to vacate and provide him/her with statutory relocation benefits. More to come...
Expert:  Maverick replied 5 months ago.
A rental unit that is not a legal unit with the city is nevertheless still subject to the Rent Ordinance. Does this answer your questions?
Customer: replied 5 months ago.
can you tell me if and ellis eviction or omi eviction is possible? and, if so, would i be able to rent my entire house out as one unit afterwards? thank you Maverick
Expert:  Maverick replied 5 months ago.
This is beyond my knowledge base, I will need to let another expert try to assist you with this. Your deposit is still in tact...
Expert:  socallegalwork replied 5 months ago.
I believe I may be able to assist you regarding the Ellis and OMI eviction question.From the information you provided, I am not sure those options would be of much use to you. The Ellis Act pertains to situations where the landlord intends to take the unit out of the rental market. If you re-rent the entire house you will be putting the unit (illegal or not) back on the market, which will mean having to offer up the unit at the same rental rate to your old tenant. San Francisco also requires landlords to pay several thousand dollars compensation to tenants (the amount depending on several factors).An Owner Move In eviction means you will be moving in to occupy the premises. You need to be careful with these because if it is being done in bad faith (it is just a ruse to evict the tenant), the eviction can be challenged. You will have to provide certain written disclosures to the tenant, you have to move in within 3 months and you must live there for at least 3 years. For a period of five years after the eviction, you are restricted in what you can rent the unit out for. Finally, once again there are relocation costs you will have to shoulder. All of this is not to say that you can't use one of these methods to evict the tenant and re-purpose the unit. But you have to be very careful in how you go about it. It can be a legal landmine and it may be worth the cost of consulting a landlord/ tenant attorney in your area before proceeding.

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