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San Francisco Landlord  Prevails In An Owner Move-in Eviction

San Francisco Landlord Prevails in an Owner Move-in Eviction

Any eviction can be perilous for landlords, especially with San Francisco’s tough Rent Ordinance, but it’s even more difficult when the owner decides to evict a tenant and move into the property. And this case had an added complexity: the owner rented out rooms after the move-in to help pay the mortgage.

Causes of action:

  • Wrongful Eviction
  • Tenant Harassment
  • Breach of Quiet Enjoyment

The Court found that the tenants did not meet their burden of proof and further ruled that the San Francisco Rent Ordinance does not prohibit a homeowner from taking in roommates to help pay the mortgage.

This case was won in large part due to talented counsel and compelling expert witness testimony (aw shucks, I was part of that)…which leads to this good advice:

Kids, don’t try this at home! Be very careful when completing an owner move-in eviction and hire proper legal counsel from the very outset. Even if the action is found to be lawful, it is very expensive and time-consuming to defend.

For a statement of decision on this case CGC-17-558965 CLICK HERE

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