Headed To Court: Eviction Protections for Single Family Homes and Condos Challenged

Adam Ettenson Real Estate Leave a Comment

Even in a city such as San Francisco with strong rent control provisions, single family homes and condos are considered an exception to the rule due to a state law known as Costa-Hawkins. Where a single family or condo is involved, there is no rent increase regulation assuming the tenancy started after January 1, 1996. However “just cause” eviction protections remain and a relocation payment is required where an eviction takes place. In this case, a couple was renting a single family home in the Sunset district of San Francisco and the landlord raised their rent from $1,900 to $6,700. The couple were unable to afford the new rent and therefore moved out and were not technically evicted. An eviction would have triggered the relocation payments due to the tenants. The landlord then moved into the home. There is no language in the law prohibiting unlimited rental increases. However, does a rental increase that is well beyond market rate constitute an impermissible circumvention of the rental protections placed on single families and condos?  The question will be taken up in California’s First District Court of Appeal this fall. Landlord and tenant groups are following this case closely. Of course (even as a non-practicing attorney) I have to tell you that nothing in this post constitutes legal advice and it is for information only. If you need landlord/tenant advice, please contact me and I will connect you with a qualified landlord/tenant attorney.

Read the full article here: Eviction Protections for Single Families and Condos Challenged

 

 

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Adam Ettenson

Adam Ettenson, Real Estate Broker. Recovering Attorney. Passionate about real estate, the community, and the environment. Living, eating and breathing all things real estate since 2004.