Oh and the law governing eviction based on you or relative moving in in one of the most pro-tenant places in CA—-SF…. If it’s good enough for property owners in SF…it’s good enough for everyone else in CA…
1. Reason must be stated in the eviction notice
An important part of this new law is that the landlord must state the reason for the eviction on the eviction notice, itself. A retaliatory eviction has traditionally been concealed with an eviction for “no reason” or “I don’t have to give a reason.” Where the reason is stated in the notice, the tenant has a better chance to disprove that reason to expose the retaliation as the real motivation. It also gives the tenant a better chance to defend against unprotected reasons, by proving the claimed reason to be false. The new law only limits evictions where the tenant has done nothing wrong, but the landlord wants to evict anyway. Those situations are: (1) the landlord wants to move in a family member, (2) the landlord just doesn’t want to rent it any more, (3) the landlord has been legally ordered to vacate the property [e.g. condemned or illegal building], or (4) to “substantially remodel” the unit which will take at least 30 days to do and it is unsafe to continue occupancy.
3. Relocation assistance is only one month’s rent for “no fault” evictions
The new law permits evictions where the tenant has done nothing wrong, but the landlord wants to evict anyway, under four situations: (1) the landlord wants to move in a family member, (2) the landlord just doesn’t want to rent it any more, (3) the building is condemned or illegal or (4) to “substantially remodel” the unit which will take at least 30 days to do and it is unsafe to continue an occupancy. The new law does not permit an eviction without a reason for the rentals to which it applies. The notice of termination must advise the tenant of their right to relocation assistance, which is only one month’s rent. At the landlord’s option, that can be paid within 15 days of service of the notice or simply be a waiver of the last month of rent. Since the protections do not apply during the first year of tenancy, a 60-day notice of termination would be given, and either tell the tenant that the last month’s rent is their relocation assistance [most likely], or the tenant is required to pay rent through the 60th day, but gets one month’s rent within 15 days of receiving that 60-day notice. The security deposit can still be held until 21 days after the tenant vacates, so the relocation assistance is intended to cover that deposit at the new place, not to cover moving expenses, utility deposits, or help finding a place. If the tenant is already withholding rent due to the uninhabitable conditions which the landlord intends to repair by the “substantial remodeling,” the repair may never be done, and the eviction used as a means of punishing the tenant for complaining. If the notice is given and the tenant fails to vacate, the landlord can evict and claim the waived rent or money paid as money “damages” from the tenant for not leaving. If the landlord does not waive rent or pay relocation assistance, the notice of termination is canceled.
