Can I write a special lease with a pre-set move out date, and avoid San Francisco's owner move-in buy out law?
In San Francisco, it is not possible to write a special lease with a pre-set move out date. unless the building was built after June 13, 1979 (or it is one of the rare properties in SF which has qualified for a "substantial rehabilitation" with the Rent Board). Such a provision would be an attempt to get the tenant to prospectively waive his rights under the Rent Ordinance. Such provisions are void as against public policy.
Jeffery Woo, Esq.
Sedgwick, Detert, Moran & Arnold LLP
Complex Rental Property Group
415-627-3607
jeff.woo@sdma.com
Mike, Contact the rent board http://www.sfgov.org/site/rentboard_index.asp Ask them and hope the Board of supervisors doesn't chang any laws while you're away.
If you put the codicle in the lease agreement it will be fine but be sure that it is worded correctly and don't let the tenancy go month to month at the end of the lease. To be sure the language is tight run it by an attorney.
While it is true that single family homes are not subject to rent control price limitations they are subject to all the eviction laws of SF and the State.
If you want to hire a property manager to look after the property while you're gone contact me I have a property management company, Anchor Property Management.
Hi Mike,
All good suggestions below. You mentioned house. If your property is a single family home (with no in-law unit, either legal or illegal) then it may be exempt under the rent increase limitations which could be additional incentive for your tenant to move at the end of the rental period if they knew there could be a substantial rent increase.
S.F. has very complicated rent rules so consulting with an attorney would provide peace of mind.
I'm happy to share my rental packet if needed. I've been successfully managing and renting my multi-unit property & SFH for 10+ years.
From my days in corporate short term leasing, my understanding is that tenant rights kick in at 30 days, but I'm not an attorney. If your home was built before June 1979, then it would be subject to our rent control laws that protect tenants. I'd recommend that you consult with a lawyer to have the best counsel on putting together an agreement; and screen any prospects very well. Good luck!
You can write any type of lease you wish, but the law is not on your side and there is really no way around the rent control/tenant eviction laws in San Francisco. I suggest you contact the SF Rent Board and/or an attorney specializing in landlord/tenant law for specifics. If you would like an attorney recommendation/s, please let me know. Good luck!
Mike,
Typically you can write different conditions into a lease agreement and as long as both the landlord and tenant agree on the terms, it is okay.
You may want to contact the San Francisco Rent Control Board to find out about the guidelines for renting property to verify lease term agreements: http://www.sfgov.org/site/rentboard_index.asp
Good luck!
Lisa Cartolano
Alain Pinel Realtors
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