Welcome to San Socialist Republisco.
I'm not a lawyer either, but I've done a lot of research on this one! Firs of all, any new landlord steps right into the previous agreement with tenants. You being a new face doesn't alter the legal agreements in place. If your building was built before 1980, it is subject to rent control, and with that comes a host of restricitions. My understanding is that:
a) you need to be careful about even talking to the tenant about a buy-out, as it can be considered coersion and then your deal could constitute wrongful eviction, which can carry triple penalties plus giving them the unit back.
b) they can sign an agreement and still back out and take whatever money you've given them without any legal consequences to them, so don't give them any money until they have physcially removed themselves and their things!
c) I love this phrase you have here - "force me to evict them'. There are very few 'just causes' for eviction, and failing to adhere to a buy out agreement is not one of them. You also cannot do an OMI (owner move in eviction) for their unit if any other units in the building are free. But, you could evict them in order to move in a blood relative. So think about living with your parents - again!
more on just causes for eviction at:
http://www.sftu.org/eviction.html
the SF tenant union publications are full of anger and tiresome riteousness (sample from their handbook - from memory so may be slightly off: 'the tenant-lanlord relationship is, second only to murder, the most damaging one in the history of mankind'), and I say this though I'm a tenant myself - but they have the information you need all laid out in one place.
- Mon Jul 28 2008, 14:23