Landlord / Tenants Rights

Percentage of Ownership

There are a number of specific conditions that must be met for a property owner to use owner occupancy as Just Cause for evicting a tenant.  Under Proposition G, one condition that must be met is that a property owner must own a certain percentage of the property for an owner–occupancy eviction to be valid. The percentage of ownership depends on the date the owner took title. Owners who recorded ownership after February 1991 are required to hold 25% interest in the building for a owner-occupancy eviction to be valid. For titles held prior to February 1991 the percentage of ownership threshold is 10%. Only domestic partners can combine their interests to achieve a 25% interest in order to occupy a unit.

Owner Occupancy or Owner Move-In Exceptions

There are certain exceptions that limit a property owner’s options related to evicting a tenant for the purpose of owner occupancy or owner “move-in”.  These exceptions include but are not limited to the following:

One Eviction Limit

There are a number of specific conditions that must be met for a property owner to use owner occupancy as Just Cause for evicting a tena

Ellis Eviction Relocations Benefits

Tenants forced to relocate due to an Ellis eviction are entitled to relocation benefits. In February of 2006, the California Court of Appeals upheld the legality of relocation benefits adopted by the San Francisco Board of supervisors in 2005.

Owner Move In Occupancy Requirements

There are a number of specific conditions that must be met for a property owner to use owner occupancy as Just Cause for evicting a tenant. One condition that must be met post Proposition G (which went into effect Nov 1998) is that, for an owner-occupancy eviction to be valid, the occupying owners must intend to move in to unit with 3 months of the eviction and plan to remain for at least 36 months thereafter.  In cases where the owner decides to re-rent the unit within 36 months, the owner must offer the unit to the evicted tenant at their former rent. If this offer is declined, the owner is further obligated to offer the unit on the market at the evicted tenants former rent.