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
In San Francisco landlords can terminate a tenant’s tenancy through an owner move-in eviction. Owner move-in evictions are often used by landlords as a means for forcing long-term tenants to move out.
Tenants in San Francisco who live in units protected by the Rent Ordinance can only be evicted for one of “16 Just Causes for eviction”. Owner Move-In evictions (or “OMIs”) are one of these grounds.
years of experience in representing tenants.
If you move out pursuant to an owner move-in eviction and your landlord fails to follow the rules you may have grounds to sue for substantial financial damages. Just because a landlord sends an owner move-in eviction notice claiming they are going to move in does not mean they actually will.
If you suspect your landlord has not moved in following an OMI eviction, contact us to discuss your options.
To initiate an owner move-in eviction, a qualified owner must have a certain ownership stake in the property. Owners of record on or before February 21, 1991, must have at least a 10% interest in the building. Owners who obtained an ownership interest after February 21, 1991, must hold at least a 25% interest in the building.
An owner move-in eviction must be done in good faith, with honest intent, and without ulterior motive. In other words, the dominant motive for asking the tenant to leave must be so that the owner, or the owner’s relative (where applicable), can move in.
Requirements and eligibility for an owner move-in eviction can be highly complicated and we recommend discussing any eviction notice you receive with a tenant attorney or housing rights advocate.
Tenants who have resided in the affected unit for twelve months or more are entitled to a 60-day written eviction notice, while tenants who have resided in said unit for less than twelve months are entitled to a 30-day eviction notice.
Tenants who have resided in an affected unit for one year or more are entitled to relocation expenses. The amount increases each year and is available on the SF Rent Board website here.
Each elderly (60 yrs or older) or disabled tenant or household with minor children is eligible for additional funds.
In certain circumstances, a tenant may be exempt from an Owner Move-In Eviction. Protected tenants are those 60 or over, or disabled, who have occupied for 10 years, and those catastrophically ill who have occupied the unit for 5 years. **Except, where all units are occupied by protected tenants, or the subject property is a single-family home.
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.