Moving in 94110>Question Details

Nontwach, Home Buyer in

OMI Eviction

Asked by Nontwach, Sat Dec 24, 2011

I bought a 2 units family house and i want to do and OMI . There were 3 tenants at the start of the lease in 2004 but in 2008 and 2009, two official tenant moved out and others move in which they are not on the lease. I am wondering if i do the OMI do i need to pay $5101 for each of them or only the one on the lease. also I would need 60 noticed for them what if they dont pay the rent during 60 days will i be able to move to 3 days noticed cure or quit or can i get their deposit instate of the payment

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Rich Bennett 415.305.4911-cell’s answer
Hi Nontwach-

Your best course of action is to talk to an attorney who is qualified in rent/eviction issues in San Francisco. I would not recommend getting advice from a realtor with respect to your situation. I work 7 days a week and I'm here through the holidays to help clients so please feel free to send me an email and I can provide some attorney referrals for you if you like.


Rich Bennett, Realtor

Zephyr Real Estate
1 vote Thank Flag Link Sat Dec 24, 2011
While we'd like to answer your questions Realtors are not attorneys and can't give legal advice. We are also admonished to not do research for clients, like going to the Rent Board on Van Ness Ave. for you. The liability issues if we miss something or give a wrong interpretation is huge.
Gather all your documentation, the leases and any estoppels you got when you pruchased the building and read through them. Get a referral to an attorney, here, from your agent, or the brokerage they work with and have an initial conversation. If the attorney meets your needs set up a full conference and move forward.
For some this process seems daunting but the advice I give my cleints is to just start the process and commit to following through. It will be resolved.
If you place a property manager between yourself and the tenant you will be able to reduce your involvement.
0 votes Thank Flag Link Sat Dec 24, 2011
Jed Lane, Real Estate Pro in San Francisco, CA
Just went through this. You can call me next week as I am out of town. In the meanwhile you can get info from the rent board - - and you need an attorney, which I can recommend as well if you like.

Happy Holidays,

Lance King/Owner-Managing Broker
DRE# 01384425
0 votes Thank Flag Link Sat Dec 24, 2011
Your best path forward is to check with the SF Rent board and also contact a real estate attorney experienced with tenant issues.

Best of luck,

Oggi Kashi
Broker Associate, Paragon Real Estate Group CA DRE 01844627
All data from sources deemed reliable but subject to error and omission, and not warranted.
0 votes Thank Flag Link Sat Dec 24, 2011
on the lease document no10 Use/Occupancy said that the premises is to be used exclusively who are the only original tenants of the premises. violation of the provisions of this section shall be deemed a substantual and material breach of this agreement and is agreed to be a just case for eviction

does it mean that i can just post 60 days noticed? without paying them re allocation fees?
0 votes Thank Flag Link Sat Dec 24, 2011
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