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Old 12-03-2015, 01:59 PM
 
2 posts, read 1,800 times
Reputation: 10

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My landlord emailed telling me he is terminating my tenancy after 2 years b/c he is moving in. I am in San Francisco & protected by rent control. I have learned more about owner move-in evictions and that he is supposed follow certain procedures, including serve me with legal documents and pay a relocation fee. He has been a good landlord & we have had a good relationship up until now. He was very nice about the eviction, apologizing & offering 4 months to find a new place instead of the min. 2 months. I suspect that he has done this via email and has been very nice because he is hoping I will just leave without him paying me. I would really like to have the 4 months and would like to keep things on good terms so I have not brought up these issues yet. I'm afraid if I bring this up he will reduce to 2 months and things will get all legal and what not, but maybe that is inevitable at this point since he has broken legal procedure.

What do you recommend my next step be? I would prefer not to have to turn this into a lawsuit, but has he forced my hand by not following correct procedures? If you think I need an attorney, any recommendations on how to find a good, high-integrity one (besides Yelp!)? Thank you!
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Old 12-03-2015, 04:26 PM
 
Location: Northern California
39 posts, read 45,360 times
Reputation: 43
Isn't the buyout only around $5500? Is it worth it to lose two months free rent and create tension for $5500? It's hard to say without knowing what you pay per month.

Rent control brings out the worst in everyone....
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Old 12-03-2015, 07:26 PM
 
Location: where the good looking people are
3,814 posts, read 4,009,493 times
Reputation: 3284
He will live there for a few months then rent it out for 4x the price.

Best thing you can do is start looking in Oakland.
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Old 12-03-2015, 09:14 PM
 
Location: San Francisco born/raised - Las Vegas
2,821 posts, read 2,110,176 times
Reputation: 1905
Ultimately, you will end up moving out. Spend your time and energy to look for new housing, now. Some battles are not worth fighting.
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Old 12-03-2015, 10:02 PM
 
Location: San Jose, CA
1,318 posts, read 3,554,277 times
Reputation: 767
Quote:
Originally Posted by lside75 View Post
My landlord emailed telling me he is terminating my tenancy after 2 years b/c he is moving in. I am in San Francisco & protected by rent control. I have learned more about owner move-in evictions and that he is supposed follow certain procedures, including serve me with legal documents and pay a relocation fee. He has been a good landlord & we have had a good relationship up until now. He was very nice about the eviction, apologizing & offering 4 months to find a new place instead of the min. 2 months. I suspect that he has done this via email and has been very nice because he is hoping I will just leave without him paying me. I would really like to have the 4 months and would like to keep things on good terms so I have not brought up these issues yet. I'm afraid if I bring this up he will reduce to 2 months and things will get all legal and what not, but maybe that is inevitable at this point since he has broken legal procedure.

What do you recommend my next step be? I would prefer not to have to turn this into a lawsuit, but has he forced my hand by not following correct procedures? If you think I need an attorney, any recommendations on how to find a good, high-integrity one (besides Yelp!)? Thank you!
Why can't you ask that he mail you a document to that respect, you both sign it, you can consult with a lawyer to double check this, and I would suggest you do, but if you signed a contract and he doesn't honor it, then you can go to court over damages (at that point you will have to pay the lawyer out of that money). If you're worried about the cost of an attorney consultation, I know I've consulted with an attorney for 1hr for $300, but there may be legal service that will do that for free since you're being evicted.

At the end of the day you are essentially asking for legal advice, I don't live in San Francisco so I cannot point you to were you can find a lawyer, if you ask me about a lawyer that knows rental law in San Jose I know a person who a friend highly recommends.
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Old 12-03-2015, 10:33 PM
 
Location: Living rent free in your head
42,846 posts, read 26,259,081 times
Reputation: 34056
Quote:
Originally Posted by lside75 View Post
My landlord emailed telling me he is terminating my tenancy after 2 years b/c he is moving in. I am in San Francisco & protected by rent control. I have learned more about owner move-in evictions and that he is supposed follow certain procedures, including serve me with legal documents and pay a relocation fee. He has been a good landlord & we have had a good relationship up until now. He was very nice about the eviction, apologizing & offering 4 months to find a new place instead of the min. 2 months. I suspect that he has done this via email and has been very nice because he is hoping I will just leave without him paying me. I would really like to have the 4 months and would like to keep things on good terms so I have not brought up these issues yet. I'm afraid if I bring this up he will reduce to 2 months and things will get all legal and what not, but maybe that is inevitable at this point since he has broken legal procedure.

What do you recommend my next step be? I would prefer not to have to turn this into a lawsuit, but has he forced my hand by not following correct procedures? If you think I need an attorney, any recommendations on how to find a good, high-integrity one (besides Yelp!)? Thank you!
Call these people: https://www.sftu.org/
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Old 12-03-2015, 11:19 PM
 
Location: London
12,275 posts, read 7,137,287 times
Reputation: 13661
He's already being nice by giving you double the time, and the extra time to find a more reasonably priced place than whatever you have to immediately settle for in a 2 month rush will save you more money than you'd net from him buying you out after all the legal hassle and costs. Plus most places require references from your last residence, so you may not want to burn this bridge.

Quote:
Originally Posted by 2sleepy View Post
Call these people: http://www.sftu.org/
Lol. I thought this may have been a rude response until I clicked the link.
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Old 12-04-2015, 09:57 AM
 
Location: Northern California
39 posts, read 45,360 times
Reputation: 43
OR...treat it as a business transaction instead of a crybaby tenant situation. If you really think he wants to rent it out for more, go for a tenant buyout. Its better for you and better for him. It wont encumber his property and you get more out of it, maybe 4-6 months free rent plus moving cost. If he wants to, he will get the unit regardless without giving you anything but the $5500. Best to keep it civil and make it work for both of you. Maybe his intentions aren't as evil as you think. I like informal communication between tenant and landlord before the legal forms start to fly back and forth. Its provides an opportunity to see what the real needs/wants of both tenant and landlord are.

Its tiresome to always see the attitude of "screw the landlord'. Look at it like a strategic negotiation and use logic instead of emotion to come to a solution....
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Old 12-04-2015, 10:23 AM
 
46 posts, read 49,701 times
Reputation: 72
I agree, call the tenants union. They city may also have a department that can advise you. In this current environment, rent control tenants have to really educate themselves on their rights.

Others are presenting this as if it's inevitable that you will have to move while I don't see it that way. I also don't think the issue is just limited to relocation fee vs. extended period before moving out as some other commenters are presenting it. There is a lot more to it.

Don't fall for the being nice or giving you extra time act or am I going to mess up our pleasant relationship concerns. It's a business relationship. Know your rights and, ideally, exercise them.

Disclaimer: I'm not a lawyer or specialist in this topic. Please verify info/claims independently.
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Old 12-04-2015, 11:11 AM
 
3,569 posts, read 2,520,027 times
Reputation: 2290
Quote:
Originally Posted by lside75 View Post
My landlord emailed telling me he is terminating my tenancy after 2 years b/c he is moving in. I am in San Francisco & protected by rent control. I have learned more about owner move-in evictions and that he is supposed follow certain procedures, including serve me with legal documents and pay a relocation fee. He has been a good landlord & we have had a good relationship up until now. He was very nice about the eviction, apologizing & offering 4 months to find a new place instead of the min. 2 months. I suspect that he has done this via email and has been very nice because he is hoping I will just leave without him paying me. I would really like to have the 4 months and would like to keep things on good terms so I have not brought up these issues yet. I'm afraid if I bring this up he will reduce to 2 months and things will get all legal and what not, but maybe that is inevitable at this point since he has broken legal procedure.

What do you recommend my next step be? I would prefer not to have to turn this into a lawsuit, but has he forced my hand by not following correct procedures? If you think I need an attorney, any recommendations on how to find a good, high-integrity one (besides Yelp!)? Thank you!
Another voice in support of contacting the SF Tenants' Union. This is a significant life/financial transaction (for both you and the landlord), and the Tenants' Union can help you figure out your options and pick the best path forward. You may end up with significantly more than $5500/person to move out, you may end up staying in your apartment, you may end up with more time. First, you have to figure out your options.
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