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

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



About the Author

Adam’s real estate experience encompasses residential sales, renovations, real estate development, property and asset management, and multifamily investment acquisitions. He has helped countless clients buy and sell property throughout the Bay Area, including in San Francisco, Marin County, Alameda County, San Mateo County, and Santa Clara County. He has overseen the condo conversion and major renovation of a two-unit building, and has worked on several affordable housing residential development projects with budgets exceeding $20 million, helping low-income families secure safe, affordable housing. He is currently working on a project that entails adding a condo unit to an existing building as well as a major horizontal expansion and renovation, increasing the total square footage to approximately 1500 square feet. Prior to working in real estate, Adam practiced immigration law and real estate law. His extensive background as an attorney and his broad real estate experience allow him to faithfully advance his clients’ interests in both the purchase and sale of real estate. Adam’s clients benefit from strong negotiation skills, contractual expertise, and deep knowledge of local rules and regulations.