Your Right To Evict
Zacks Freedman & Patterson, PC is the go-to firm in San Francisco and the Bay Area for help with Ellis Act evictions, owner and relative move-ins, and other types of “no-fault” evictions. Over the years, our lawyers have had tremendous success assisting landlords with no-fault evictions. Whether you are looking to get out of the residential rental business or wish to occupy a current rental property, we can help. No matter how complex your situation, our attorneys have the knowledge and experience necessary to get results.
Ellis Act Evictions
Bay Area real estate law makes it extremely difficult to evict tenants in rent-controlled buildings. Unless the landlord has “just cause,” an eviction cannot proceed. The result? Many landlords feel as though they are stuck with tenants for life. This does not have to be the case.
One type of no-fault eviction — referred to as an Ellis Act eviction — allows landlords to terminate all tenancies in a rent-controlled building in order to “go out of the rental business.” To evict under the Ellis Act, however, a lengthy series of requirements must be met such as:
- Duration requirement — Landlords must accept certain limitations on how and when they can re-rent their properties in the future, with some restrictions lasting for 10 years or more.
- All tenancies must be terminated — The Act will not allow landlords to evict piecemeal; all tenancies in an “Ellis Act” building must be terminated.
- Re-rental restrictions — The building cannot be re-rented for two years and any rental agreement initiated within five years will be capped at the rent that would have been paid by the evicted tenant. The evicted tenant also has the right of first refusal for 10 years following the Ellis Act eviction.
- Relocation payments — In general, tenants living in a unit at the time the Ellis Act is invoked are entitled to receive a relocation payment, which can increase or decrease depending on a number of factors.
- Recording requirements — Notice of an Ellis Act eviction must be reported to the appropriate City agencies and restrictions regarding future use of the property are generally recorded against its title.
Even if the above conditions are met, the law imposes additional burdens on landlords such as extending the notice period significantly where tenants claim qualifying disabilities or other similar conditions.
The requirements and procedures surrounding Ellis Act evictions are extremely complex and constantly in flux. The best way to protect your interests as a landlord and avoid potential liability is to work with attorneys who have substantial experience with Ellis Act evictions.
Other No-Fault Evictions
In addition to Ellis Act evictions, we also help property owners with other no-fault evictions in and around the Bay Area such as those involving:
- Move-in of a landlord or close relative
- Sale of a unit that has been converted to a condominium
- Capital improvements or rehabilitation allowing temporary removal from housing use
- Substantial rehabilitation of a building with the necessary permits
- Lead abatement as required by the San Francisco Health Code for temporary removal
- Permanent removal or demolition of a rental unit from housing use in accordance with local City rules
Moving forward with these types of evictions is not simple or straightforward, and minor errors in the process can have lasting effects.