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Eviction Threats
Many people move out due to eviction threats and "advisories" or "warnings" that OMI and Ellis evictions are forthcoming. In fact, there may be more people displaced this way than due to actual OMI or Ellis evictions. These threats usually take the form of a letter or phone call telling the tenants that "my mother will probably be moving into your unit next May..." or "I wanted to let you know I will be doing an Ellis eviction this Summer." If in writing, the letter is often made to look like an eviction notice but will specifically state "this is not an eviction notice." Far too many tenants move out based on these letters or calls and the landlords simply re-rent the units.
Landlords seek to get tenants out via these threats because doing an actual OMI or Ellis eviction means that re-rental restrictions apply to the unit and tenants can sue for wrongful eviction if the landlord does not move in or does not take the building off the rental market. If landlords can get tenants to move out based on a threat or warning or advisory, they will claim the tenant moved out "voluntarily" and thus they are not bound by the re-rental restrictions and will just re-rent the unit at a far higher price.
In 2002, San Francisco passed an ordinance seeking to reign in these threats. The Daly Eviction Threats Legislation, though, has been partially thrown out in court. Nonetheless, some protections remain for tenants
If You Get An Eviction Threat/Warning/Advisory: Do not move out–you do not have an eviction notice. Landlords will claim that they are merely being "nice" trying to give a tenant extra time. Usually they are not that nice. If a landlord wants to give someone extra time, there is no reason they can not give a tenant a one year, or six month, actual eviction notice at the appropriate time. Our experience is that if a landlord really wants to evict you for OMI or Ellis they will give you an eviction notice—not one of these threats or advisories.
Besides not moving, you should also file a "Petition For Wrongful Eviction" at the SF Rent Board to document that you received such a threat. This will help you later if you do end up moving because of the sections in the Eviction Threats legislation which remain in place. These sections contain important protections, but rest on whether or not the threat was adequately documented. Filing a Wrongful Eviction Petition will provide such documentation.
The provisions of the Daly Eviction Threats law which remain in place are:
Strengthen Tenant Ability To Sue For Wrongful Eviction Based on Threat – It is presumed that any tenant who vacates a unit within 120 days after a threat left pursuant to that threat. If the landlord fails to use the apartment for the purpose stated in the threat, it is presumed that the threat was in bad faith.
Kick In Re-Rental Provisions of Just Cause After Threat – Any unit which a tenant vacates pursuant to a threat will be subject to the restrictions within the just cause (e.g., OMI and Ellis right to re-rent and any re-rental limitations; Capital Improvements right to re-rent), regardless of any agreement made between the tenant and landlord.
Sales of Vacant Units – Landlords must disclose to sellers the legal grounds for termination of the tenancies of any units which are to be delivered vacant at the close of escrow.
OMI Evictions – Landlords must now file a proof of service of the OMI notice at the Rent Board along with a copy of the notice and the disclosure requirements of 37.9B (previously the proof of service was not required). Second, OMI evictions will be recorded on the deed of the property, so that new landlords will be bound by the re-rental restrictions.
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