San Francisco landlords can end a tenant’s tenancy through a relative or owner move-in (OMI) eviction. An OMI eviction is one of the 16 just causes for eviction listed in the San Francisco rent ordinance and is a common reason for eviction. The landlord may attempt to evict a tenant to move into the unit themselves or to move in a close relative.
This form of “no-fault” eviction is frequently abused by landlords to remove tenants from rent-controlled units under false pretenses. If a landlord fails to actually move into the unit as their principle place of residence following an owner move in eviction, the evicted tenant may have grounds for a wrongful eviction lawsuit.
Losing your home can be a distressing experience, especially if you believe your landlord was not honest with you during the process. Below, we review what tenants should know about wrongful evictions based on a fraudulent OMI and how long they have to file a lawsuit. If you believe you’ve been wrongfully removed from your home, a San Francisco wrongful eviction attorney at Wolford Wayne LLP can discuss the specific factors impacting your case.
When imposing an OMI eviction, the landlord must provide a 60-day written notice to tenants who have resided in the their home for more than one year and a 30-day notice if the tenant has lived in their unit for less than one year. The landlord is then required to move into the unit within ninety days of recovering possession and then has to remain there as their principle residence for no less than 36 months.
Once a tenant has been evicted via an OMI eviction notice, tenants may have up to five years to file a lawsuit for a wrongful eviction. However, as soon as a tenant becomes aware that the landlord may not be living in the unit, it is time to contact a qualified wrongful eviction attorney. And, since every circumstance is highly dependent on facts it is important to discuss your options and filing deadlines with a wrongful eviction attorney to ensure you do not miss your opportunity to file a lawsuit due to a statute of limitations issue.
Owner move-ins are subject to several restrictions, and certain tenants may have some protections from an OMI eviction. These groups include:
It’s also important to note that only one OMI eviction is allowed per building. Once a landlord has undertaken an owner move in eviction in a given unit, they cannot use the OMI process on another unit in the building. For relative move in evictions, the landlord must already reside in the building. If these conditions are not fulfilled, the eviction is illegal.
While OMI laws require a landlord or relative to move in and reside in their unit for no less than three years as their principle residence, all to often landlords fail to follow the law. In those situations, displaced tenants may be entitled to substantial financial compensation for a wrongful eviction. If you have been wrongfully evicted, you will need to work alongside an experienced San Francisco tenant lawyer to file your lawsuit and protect your rights. A wrongful eviction lawsuit requires diligence and attention to detail only provided by an experienced lawyer, and our team at Wolford Wayne LLP is prepared to assist you.
While there are certain protections in place, wrongful owner move-in evictions still happen all the time. In this situation, you will need to reach out to a knowledgeable lawyer at Wolford Wayne LLP as soon as possible to begin preparing your case.
Recovered on behalf of a group of 30 tenants living in an SRO in San Francisco who were living with horrendous conditions in their rent controlled apartments, including rodents, bedbugs, mold, water leaks and harassment.Read More
Recovered on behalf of three families living in a building in San Francisco’s SOMA neighborhood who were forced to live with substandard conditions for years as a result of their landlord’s negligence, including issues with lack of heat, lack of hot water and cockroach/rat infestations.Read More
Recovered on behalf of a couple living in a rent-controlled home in the outer Sunset neighborhood. Our clients were forced to vacate after the landlord served them with an Owner Move-In Eviction Notice. After the landlords failed to move into the property, our clients filed suit for wrongful eviction.Read More
Recovered on behalf of a San Francisco tenant in Russian Hill. Tenant was forced to vacate her illegal apartment in retaliation for reporting unlawful rent increases to the San Francisco Rent Board.Read More
Recovered for a single long-term tenant in San Francisco. Our client was forced to move out of his apartment as a result of extreme landlord harassment.Read More
Recovered on behalf of three long-term tenants in San Francisco’s Castro neighborhood who were constructively evicted due to noise and nuisance conditions created by their downstairs neighbors, which the owner refused to address.Read More
Recovered on behalf of elderly, disabled tenant who was forced to move out of her rent-controlled San Francisco apartment of 50 years after landlord/owner failed to resolve numerous building code violations that remained outstanding for over a decade.Read More
Recovered on behalf of seven tenants living in a makeshift boarding house in East Palo Alto.Read More
Recovered on behalf of two former San Francisco tenants who were evicted via an Owner Move-In Eviction and owner failed to occupy the unit as her primary place of residence.Read More
Recovered on behalf of an elderly long-term tenant who was forced to vacate her long San Francisco apartment as a result of her landlord’s refusal to address longstanding defective conditions, including lack of heat, mold, rodent infestations, and defective plumbing. Read More
Recovered on behalf of a San Francisco tenant who was forced to vacate his home as a result of ongoing, disruptive construction and the owners’ refusal to provide him with alternative housing. Read More
Recovered on behalf of a San Francisco family that was constructively evicted from their home in the Richmond District as a result of unlawful rent increases, defective conditions and tenant harassment.Read More
Recovered on behalf of a tenant living in an illegal “in-law” unit. In this case, a new owner purchased the building and then demolished our client’s unit without permits while she was displaced for seismic retrofitting.Read More
Recovered on behalf of two long term San Francisco tenants who were fraudulently evicted from their home of over twenty years under the pretext of an owner move-in eviction.Read More
Recovered for tenant who was injured when their stairway railing collapsed at the tenant’s Mission District apartment building.Read More
Recovered in action for a group of tenants forced to vacate their San Francisco apartment house due to severe habitability defects including mold and water leaks.Read More
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For more information or to discuss your legal situation, call us today at (415) 649-6203 for a phone consultation or submit an inquiry below. Please note our firm can only assist tenants residing in San Francisco, Oakland & Berkeley.