1. OWNER MOVE-IN EVICTION (OMI)
Who Can Use an OMI?
- OWNERS – Certain percentage of recorded ownership interest required.
- CLOSE RELATIVES OF OWNERS – Only certain relations may use this eviction.
Requirements for an OMI
- Person doing the OMI must reside in the unit for 36 continuous months.
- It must be that person’s principal place of residency for that period.
- There are further restrictions for owners of multiple SF units.
Limitations on OMI’s
- Only one owner occupancy eviction per building is allowed, but there are possible exceptions.
- Unit occupied by OMI landlord will be designated as the OMI unit.
Who Can Be Evicted by an OMI?
- All occupants of the unit to whom a proper OMI notice is served.
- EXCEPT Protected Tenants, which are persons who:
- Are 60 years or older and have lived in the unit for at least 10 years; or
- Are disabled and have lived in the unit for at least 10 years; or
- Have a catastrophic illness and have lived in the unit for at least 5 years.
- Units EXEMPT from Protected Tenant Status:
- Single family homes;
- Condo units (if the owner only owns one unit in the building); and
- Units in the same building where the owner lives, or is moving into, IF the landlord’s close relative who will move in is 60 years of age or older.
Statutory Relocation Payments for OMI’s
- Each adult tenant evicted by an OMI is entitled to $1,000.00.
- Single family homes are exempt from the payment provision.
- Condos are not exempt. (Even if you only own one.)
2. ELLIS EVICTION – AGO OUT OF THE RENTAL BUSINESS
Restrictions on the Property:
- WHEN DOING THE ELLIS EVICTION:
- Must Ellis the entire building. Cannot be restricted to one unit.
- The eviction is recorded on the deed with the County Recorder’s Office.
- The restrictions pass on to new owners with the deed.
- WHEN RE-RENTING THE UNIT AFTER AN ELLIS EVICTION:
- Rent Control on the Unit for 5 years.
- Evicted Tenants Get First Right To Return for 10 years.
- 120 Day Written Notice.
- Extended to ONE YEAR, if tenant informs you of elderly or disability status.
- $4,500.00 per low income tenant (2004 – $53,000 for single person household).
- $3,000.00 per disabled or elderly tenant (in addition to any low income payments).
3. BUYOUT AGREEMENT
Approach the tenant with an offer of money in exchange for their vacating the unit. Do not initiate any communication in this regard until after you have sought independent legal advice regarding your individual situation. The tenant should be represented by independent legal counsel, and the agreement should be in writing and signed by a judge. This is not required, but is highly recommended.
4. BECOME A SAN FRANCISCO LANDLORD
- Buy the unit and keep the tenants in it.
- The tenants are protected by eviction and rent control, except in very limited circumstances.
Note that the above is simply an outline of the general rules governing the options for getting your TIC unit vacant. The ouline mostly applies to new owners of SF units built before 1979. Prior to the final purchase of a tenant-occupied TIC building, you should independently consult a qualified landlord-tenant attorney to discuss the specific legal issues involved in your particular situation.