Uncle being evicted

[zylander]

My uncle is being evicted from his apartment of 60+ years. His parents lived there and then when they died he took it over. He has been paying $300 a moth for decades and now the landlord is kicking him out. I already know that there is some kind of code that allows landlords to legally kick out tenants but afterward they cant rent the unit out for a certain amount of time. I am not disputing the eviction, I'm disputing the amount of time the landlord gave him. The landlord is giving him only 5 days to move everything out, after that they are locking him out. The landlord never physically contacted him, just a note on the door. He was gone all day and night on the first day so now he only has 4 days to get all his things out. Is it legal for the landlord to give him this short of a time frame? Is there anything my uncle can do to get some more time? Again, he is not disputing the eviction and in fact he has already found a new place, he just needs more time to get everything out.

 

[AreaCode707]

Where is he? In many (if not most states) the landlord is legally required to give the tenant 30 days.

 

[zylander]

Sorry, forgot to give a location, this is in San Francisco, CA.

 

[Ns1]

Originally posted by: zylander
Sorry, forgot to give a location, this is in San Francisco, CA.

lol, SF has the most renter friendly laws ever, so I highly doubt that is legal.

Of course, IANAL

 

[summit]

2 weeks minimum i believe in cali. call a lawyer?

 

[techs]

That sucks. Most states and towns have laws giving a tenant the right to a certain amount of notice before they ask someone to leave. IIRC eviction is different in that it happens when a landlord goes to court and gets an order of eviction.
Any way you look at, it is pretty likely the landlord can't ask him to leave without 30 days notice. I would start by calling the town or local government and finding out the law.
Also, call the local cops and ask what would happen if the landlord tried to lock him out of his apartment illegally. Make sure you have a copy of the last rent check.

 

[James Bond]

So.... why did he get kicked out?

 

[dquan97]

Talk to a lawyer?

 

[KK]

Renter's info

 

[Crusty]

Is he really being evicted? As in the police are standing at the door telling him he has to leave? Or is the landlord just being a douche?

 

[mugs]

Originally posted by: James Bond
So.... why did he get kicked out?

Probably because his rent was only $300. Rent control.

 

[Bulk Beef]

Terminations and Evictions

 

[Capt Caveman]

Does the landlord have access/key to the apt?

 

[Modelworks]

He has to give him 30 days. Just call the police.

 

[zylander]

Yes the landlord has a key to the apt.

The landlord is being a douche, no cops involved yet.

He has done nothing wrong, he is not behind in his rent. There is a code (im not sure which one) that allows a landlord to legally evict a tenant in order to remodel, sell, demolish, what ever an apartment. The only catch is that after the eviction, the unit either has to be sold, or it can not be rented out for a certain amount of time.

Thanks for the sites listed above, I am looking through them now along with another one I found. My first calls will be to the SF Tenant Union, the cops and a lawyer.

 

[MagnusTheBrewer]

Make sure he does not voluntarily move out. "Possession is 9 tenths of the law" was never truer than in this case. The tenant union will definitely have some good advice. Be thankful he lives in California, if he lived in Arizona the landlord could burn the place down with him in it and he would still owe back rent.

 

[JS80]

Originally posted by: zylander
Yes the landlord has a key to the apt.

The landlord is being a douche, no cops involved yet.

He has done nothing wrong, he is not behind in his rent. There is a code (im not sure which one) that allows a landlord to legally evict a tenant in order to remodel, sell, demolish, what ever an apartment. The only catch is that after the eviction, the unit either has to be sold, or it can not be rented out for a certain amount of time.

Thanks for the sites listed above, I am looking through them now along with another one I found. My first calls will be to the SF Tenant Union, the cops and a lawyer.

The landlord usually has to pay the renter money if he's evicting to remodel, sell, etc. My last landlord was thinking about converting to condos so he sent out a notice. I believe he would have had to pay me $15k.

In HS i had a teacher who got paid $50k to leave his beachfront apartment he had from 20 years prior which he was paying $300/mo, market was $3k/mo.

So the landlord may be pulling shenanigans.

 

[nutxo]

Originally posted by: Ns1

Originally posted by: zylander
Sorry, forgot to give a location, this is in San Francisco, CA.

Of course, IANAL

Of course you do?

 

[Miramonti]

$300/mth in SF...wow, that will be a shame to lose, particularly at his age!

As others have said, the law is on his side, but even with 30 days notice, its still very unfortunate.

/edit: just read that he already found another place, that's great to see.

 

[mrrman]

Originally posted by: AreaCode707
Where is he? In many (if not most states) the landlord is legally required to give the tenant 30 days.

This is true...I am a landlord and these are the rules. It has to be a written notice giving 30 days notice and a reason for eviction.

 

[novasatori]

Originally posted by: jjsole
$300/mth in SF...wow, that will be a shame to lose, particularly at his age!

As others have said, the law is on his side, but even with 30 days notice, its still very unfortunate.

/edit: just read that he already found another place, that's great to see.

I've heard its pretty common here in SF now on the radio a bit back, there is "real estate mafia" so to say that evicts people from rent controlled places and then redo them so they can get way more money, they have a lot of lobbying power and money

 

[zylander]

Originally posted by: jjsole
$300/mth in SF...wow, that will be a shame to lose, particularly at his age!

As others have said, the law is on his side, but even with 30 days notice, its still very unfortunate.

/edit: just read that he already found another place, that's great to see.

Yeah, it just really sucks that he is going to lose the place he has had all his life and that his parents had for a long time as well.

 

[SagaLore]

Did he call the landlord to confirm the notice? Make sure its not some sick prank!

 

[imported_six]

"Note on the door" is not good enough in CA. The landlord MUST follow the law, otherwise the landlord can be fine up to $100 per day.

You uncle doesn't have to do anything. He simply can just take his time, until he's properly served.

 

[sundev]

Update?