Profile cover photo
Profile photo
Elke & Merchant LLP - San Francisco Tenant Lawyers
10 followers
10 followers
About
Posts

Post has attachment
OAKLAND VOTES TO REQUIRE RELOCATION PAYMENTS FOR OWNER MOVE-IN EVICTIONS

Oakland’s City Council just voted to require landlords to make relocation payments to tenants when performing an owner move-in eviction, relative move-in eviction, or an eviction for condo conversion. This extends relocation payments to all no-fault evictions. Relocation payments were already required for Ellis Act and code compliance evictions.

According to the proposed legislation, the relocation payments are dependent upon how many bedrooms are in the unit: $9,875 per unit for units with three or more bedrooms; $8,000 per units for units with two bedrooms; and $6,500 per unit for studios and one-bedroom units. There is a single additional relocation payment of $2,500 if the household has a tenant who is low income, elderly, disabled, or has minor children. Half of the standard relocation payment must be made when the eviction notice is served and half must be paid when the tenant vacates. The $2,500 payment must be paid within 15 days of when the tenant notifies the landlord of the tenant’s eligibility for the additional payment. The amount of the relocation payment will increase each year on July 1 in accordance with the Consumer Price Index adjustment.

The landlord’s failure to make the relocation payment is not a defense to the unlawful detainer. However, the tenant may bring an action against the landlord for failure to make the relocation payment and may recover twice the relocation payment and the tenant’s attorney fees. If the landlord failed to make the relocation payment in bad faith, the tenant may recover four times the relocation payment and the tenants attorney fees. The tenant may also recover treble damages if the landlord willfully failed to comply with the payment obligations.

Oakland joins San Francisco in mandating relocation payments for certain no-fault evictions. San Francisco requires relocation payments to tenants for evictions for owner move-in, relative move-in, condo conversion, demolition, capital improvements, substantial rehabilitation, and for evictions under the Ellis Act.
Add a comment...

Post has attachment

Post has attachment
Taking a look at some of the most important rent control and tenant protection measures on the ballots in the Bay Area, starting with Oakland’s Measure JJ. #TenantLawyers http://elkemerchant.com/oaklands-measure-jj-will-strengthen-rent-control-eviction-protections/
Add a comment...

Post has attachment

When a landlord repeatedly ignores requests for repair, tenants can refuse to pay rent until the repairs are made, but only in certain situations. Read our blog to learn about your rights. #TenantLawyer #SanFrancisco
http://elkemerchant.com/withholding-rent-california/
Add a comment...

Post has attachment

Post has attachment

Post has attachment

Post has attachment

Thinking about a Buyout? Contact #SanFrancisco #TenantLawyers today for a confidential consultation. http://elkemerchant.com/thinking-about-a-buyout/
Add a comment...
Wait while more posts are being loaded