Renter in a new bought house : how to proceed to vacate the apartment ?

Asked by Ron, San Francisco, CA Wed Dec 18, 2013

Hello,
I just bought a house in San Francisco (Cole Valey) in which are 2 renters in 2 separate apartments.
My real estate agent told me that it should not be complicated, once the sell is done, to ask the renters to leave.
Now, one of the renter is asking me a huge amount to leave...
What can I do ? How can I officially and legally ask them to leave without paying a crazy amount ?
Thanks a lot !

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7
stephanie go…, Other Pro, San Francisco, CA
Wed Dec 18, 2013
BEST ANSWER
Unfortunately it is a bit complicated to get a renter to leave a rent controlled apartment in San Francisco. You can not just terminate a tenancy - you can do an owner move in eviction on one of the units - but this involves paying the tenants a relocation fee of about $5100.00 per person , or you can negotiate a buy out. with the tenants. I recommend you get an attorney involved. The San Francisco Apartment Association is a good source of information and all of the attorneys who are members of that organization will be knowledgeable with SF's unique landlord tenant laws. The SF Rent Board is also a good source of information. Good luck!
1 vote
Thank you so much Stephanie !
I'll contact the SFAA !
Happy Holidays to everybody,
Ron
Flag Wed Dec 18, 2013
lila, , Citizens Alliance For Progress, Tarpon Springs, FL
Wed Mar 12, 2014
It costs relocation fees of $52xx per person. Read the current law. If handicapped, with a minor child, prover $60 could be much more. May be less if month-to-month lease.
0 votes
Sorry. I meant if over 60 could be much more.
Flag Wed Mar 12, 2014
J Mario Preza, Agent, Daly City, CA
Thu Jan 9, 2014
Hmmm, your agent failed to tell you the flip-side of being "uncomplicated". Check here to see what you're up against... http://www.sfrb.org/index.aspx?page=1240.

The rent ordinance in S.F. is a bear, and doing something as simply as asking to move out comes with various interpretive strings attached. The tenants figure (and in far too many cases have been proven correct), that they have the bull by the horns and all they need do is ask in order to receive (particularly from whom they perceive as the fat cow).

Rentals in S.F. have issues, but, you'll figure a way around them if there is cause, and, by getting good counsel to represent you. Good luck!
0 votes
, ,
Thu Jan 9, 2014
I would sit down with the renter and have a discussion about what accommodations would be necessary in order for them to move out. The renter may not have anywhere to move to, so their prospective is they will be homeless if they leave. Tell them you would like to help them find somewhere else to stay and offer them reasonable assistance, good luck!
0 votes
, ,
Wed Dec 18, 2013
You should talk to a real estate attorney. No one here can give you an answer dealing with a tenants legal rights and the lease contract that they have.

Alex Greer
Loan Officer
NMLS #1056079
http://www.TheMortgageOutlet.com

408-352-5147
AGreer@TheMortgageOutlet.com
0 votes
Ok, thanks !
Ron
Flag Wed Dec 18, 2013
Lance King, Agent, San Francisco, CA
Wed Dec 18, 2013
Do you have a house or a 2 unit building?
0 votes
Then I would discuss the situation with a real estate attorney as it could get complicated with illegal rentals. We have used the firm of Sheppard Uziel multiple times for landlord / tenant issues with great result. Call Jamie Uziel at 415.296.0900. Best of luck
Flag Wed Dec 18, 2013
Hello,
It's a 4 story house with 2 unit apartments in the basement.
Ron
Flag Wed Dec 18, 2013
Gabriel Rojas, Agent, San Francisco, CA
Wed Dec 18, 2013
Ron:

First, let me congratulate you on the purchase of your new home. That is great news.

Hopefully, you're Realtor advised you on the steps involved, depending on the age of your home (amongst other factors), to legally and ethically evict one or both tenants. Please understand that it is illegal for a Realtor to give legal advise so they should have also advised you to seek out the services of a qualified professional in advance to prepare for such a move.

If you would like the names of some real estate attorneys that I know and trust, I'm happy to provide you with some.

Happy Holidays!

Gabriel
0 votes
Thank you Gabriel for your quick answer.
My Realtor only told me about the Ellis Act and that it was long (6 months) and expensive ($5 to $6,000).
After carefully reviewing the lease, their is a clear termination article and I don't understand why I can't just apply it.
Maybe because these apartments are in the "Rental business" ?
Thanks and happy holidays !
Flag Wed Dec 18, 2013
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