Sunday, July 3, 2016

Eviction Notice book - new edition is out

I can finally announce that the new edition (better to say, "addition"), of my eviction notice book is finally out and available on Amazon (print and e-book versions). Since the 1st version came out in April 2015, all later iterations were improvements, corrections, and updates of the material outlined there, the "for-fault" evictions and the generally relevant information (exceptions, common elements, and other useful observations of general type).

This issue is different. It adds 22 pages of new material. Half of it covers topics common for all non-fault evictions, and there rest is dedicated to the first two "non-fault" just causes: owner move-in and relative move-in (37.9(a)(8)) evictions.

With distractions and delays life and work put in (and the two re-routs I had to take to update the "for-fault" book, after 2015/2016 legislation rendered it obsolete), it took me a year to gather, organize, and form into a written word this next installment. I decided not to wait until I finish all "non-fault" causes, in a risk to become the next Middlemarch's Casaubone with a new "Key To All Evictions," but instead break the output in chunks, so long as the next cut could include a useful self-contained section. I believe this happened successfully in the present installment.

The added outline mainly includes 11 more common elements and issues for all non-fault notices (not relevant to and thus not included in the prior version covering the for-fault notices). And there are 11 pages dedicated just to the topic of OMI/RMI evictions alone. The outline of the added material looks like this:

Common Elements And Definitions For Non-Fault Evictions
  • Absence of an opportunity to cure, or a statement in the alternative, election of forfeiture, inability to collect for pre-termination rent
  • No need to follow up with another notice, except for claiming unpaid rent, or when the termination was for temporary relocation
  • Timing issues
  • Compensation to tenants
  • Vacancy decontrol
  • Statement Of Lawful Rent Due
  • Landlord’s contact information, mandatory for no-fault notices
  • Statement regarding abandoned personal property
  • Service on subtenants and other occupants
  • Disclosures for protected status of a household with a child, or an “educator”
  • Anti-Merger Prohibitions
Owner moving in (OMI). SFRO § 37.9(a)(8)(i)
  • Type and Length of the Notice
  • When applicable
  • Notice Requirements
  •      Under Section 37.9B, with grounds (1), (4), (6), and (7) covered in detail
  •      Under Rule 12.14, with all four sub-sections covered in detail
  • Tenant’s Right To Claim A Protected Status
  •      Protected status under 37.9(i) [37.9(j) is covered under the common elements]
  •      Exemptions to protections under 37.9(i)
  • Other Requirements And Limitations For OMI Eviction
  •      Landlord’s Good Faith.
  •      Continuous occupancy for 36 months
  •      The difference between the 3-year and 5-year rules
  • Validity of the notice at the time of issuance, and the requirement to update and follow up
  • Section 8 application
Relative moving in (“RMI”). SFRO § 37.9(a)(8)(ii) - a 1-page coverage of differences not already covered under the OMI notice, above.

If you are concerned about your rights and obligations in a landlord-tenant relationship, make your first step toward taking control over the circumstances, and call my office at (415) 987-7000. I will be glad to assist in guiding you through the jungle. The only thing you can't afford is to stay put and uninformed. My office provides a confidential assessment of your particular scenario, free of charge, and I will share with you the results of the analysis along with my thoughts on available solutions.


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