San Francisco Bay Area Tenants' Rights Attorney
Relative Move-In Evictions
San Francisco and some other cities have rent control laws that permit tenant evictions only in certain circumstances. A provision of the San Francisco law allows a landlord to evict a tenant so that a close relative can occupy the unit. Sometimes these are legitimate actions, but in many cases the landlord is attempting to evict the tenant to avoid the rent control laws.
If you have received notice that your landlord wants to evict you so that a relative can move in, call the Law Offices of James Coy Driscoll at (415) 673-6000. We may be able to help you stay in your home or obtain compensation for you to move.
Fighting For Your Rights and Your Home in a Relative Move-In Eviction
In a relative move-in situation, both the landlord and the relative have to meet certain conditions. If they fail to do so, any eviction under the relative move-in provisions of the law is invalid.
The basic rules for a relative move-in are similar to an owner move-in and are as follows:
- The landlord must live in the building or be attempting to move in.
- The relative must make it his or her primary residence.
- The relative must move in within 3 months and remain in the unit for 36 consecutive months.
- The move-in must be done in good faith, without ulterior motive, and with an honest intent.
How We Can Help You
The Law Offices of James Coy Driscoll will fight for your rights using the power of the law. We may able to obtain the following relief for you:
- A complete stop of the eviction, allowing you to remain in your home
- A cash settlement
- A rental unit in another building owned by the same landlord
- Even if an eviction does occur, the tenant is entitled to more than $4,500 in relocation benefits per tenant plus an additional sum in excess of $3,000 for any tenant who is senior, disabled, or living with children.
Senior and disabled tenants with ten or more years of tenancy usually cannot be evicted, nor can terminally ill tenants with five or more years of tenancy. You should realize that the mandatory relocation benefits mentioned above do not preclude the tenant from seeking a larger settlement. Landlords will often settle instead of taking their chances in court because if they lose, landlords may then be sued by their tenants.
In San Francisco, a tenant has many legal rights. At the Law Offices of James Coy Driscoll we take full advantage of the law. Our goal is to protect your rights and your home.
For a consultation with the Law Offices of James Coy Driscoll, call (415) 673-6000 or contact us online. The initial telephone consultation is free of charge. We represent clients in San Francisco, Oakland, Berkeley, and throughout the Bay Area.
