San Francisco Landlord Prevails in an Owner Move-in Eviction

February 21, 2019

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