12Oct
In cities with strong rent and eviction control laws, like San Francisco, Oakland, and Berkeley landlords must have a “just cause” to evict tenants from their rental homes. One of these just causes is an owner move-in eviction (“OMI”). If a landlord wants to live in their property or have a close family member move in, the law permits them to evict the tenant. However, there are detailed restrictions on when and how landlords can evict a tenant for an OMI.
Landlords must initiate an OMI eviction in good faith. When a landlord evicts a tenant in bad-faith tenants can take legal action to seek compensation. Proving that you were subjected to a bad-faith OMI eviction is difficult, but it can be done with help from a skilled tenant attorney.
For an owner move-in eviction to be legitimate, the owner must occupy the unit must as their principal place of residency for three years. This means the unit must become their primary home; they cannot justify an eviction by simply staying in the unit occasionally.
Factors for whether a home is your landlord’s principal residence include:
If your attorney can demonstrate that the unit is NOT the landlord’s principal residence, they can likely prove a bad faith OMI.
Other evidence of bad faith may include, but is not limited to, any of the following:
Wolford Wayne represents tenants who are wrongfully evicted, including those forced out due to a bad faith OMI. If you have received an OMI eviction notice, please contact us today to discuss your situation.
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.