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San Francisco man fights eviction after rent increase from $1,800 to $8,000

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Re: San Francisco man fights eviction after rent increase from $1,800 to $8,000

#31
post #17

My landlord recently put up a rental for $9,500/mo. The backstory is interesting: he told me someone had been staying at the place paying $700/mo. He cut a deal with that tenant where the tenant moves to a much smaller unit and instead of paying $700, only paying $300/mo. So overall, tenant gets to pay less and the landlord has a chance to make additional 5-6K/mo.

Wow, seems something's a bit "out of whack" or "outdated" when a landlord wakes up and realizes "wait, I could charge 10x the rent!" :) I assume he could't just evict the tenant because of some kind of tenancy laws or something?

Re: San Francisco man fights eviction after rent increase from $1,800 to $8,000

#32
post #14

This appears to be a case where the landlord wants the tenant out, perhaps to live in the unit himself, or perhaps to sell it as a vacant unit, but for various legal reasons it's impossible or unattractive to take the simple path of saying, "I decline to rent to you anymore", and the landlord instead is going with the effectively equivalent option of raising the rent to approximately infinity. I don't believe they ex…

Hmm yes my first question was "does the rent contract stipulate he can raise rents? or is it month to month so he can change it whenever he wants"? (assuming its a male landlord, sorry ladies)

Re: San Francisco man fights eviction after rent increase from $1,800 to $8,000

#33

When I was at school participating in a legal clinic I had lots of clients facing eviction and we had plenty of tricks to use. Most popular was to demand a jury trial, which could take a month or two to organize, during which time the tenant wasn't paying rent and so could save enough to move. The basic procedure: http://www.courts.ca.gov/27723.htm

I could see applying for a jury trial if you need time to...gather evidence to get ready or something but...just to be able to keep living there "rent free" ??? I guess if the landlord has done something awful and you want to get back at them maybe but...

Re: San Francisco man fights eviction after rent increase from $1,800 to $8,000

#34
post #17

My landlord recently put up a rental for $9,500/mo. The backstory is interesting: he told me someone had been staying at the place paying $700/mo. He cut a deal with that tenant where the tenant moves to a much smaller unit and instead of paying $700, only paying $300/mo. So overall, tenant gets to pay less and the landlord has a chance to make additional 5-6K/mo.

Wow, seems something's a bit "out of whack" or "outdated" when a landlord wakes up and realizes "wait, I could charge 10x the rent!" :) I assume he could't just evict the tenant because of some kind of tenancy laws or something?

Yup. Rent control laws in SF don't allow that. That's the flip side of rent control: you have people paying a lot less than market price. Or another way to look at it, people moving into the city are subsidizing costs for existing tenants resulting in higher market prices--which depending on your perspective, could be seen as unfair to new tenants or fair for old tenants.

Re: San Francisco man fights eviction after rent increase from $1,800 to $8,000

#35
I suspect I have the unpopular opinion, but I don't see this as an especially big deal. Yes, I understand this is an especially sensitive issue for SFers. And yes, it sucks for the guy. Renting has its perks, but this is part of the risk of renting; you're living on someone else's property. Repeating that--it's THEIRS, not yours. If you have no current contract (lease), why should they be required to rent something to you under terms you like? Where else does this occur? When some business raises rates, it is the exception, not the rule, that you're "grandfathered" in to a previous rate.

I get that having to move and find a new place to live is a bigger deal than if McDonald's raises the price of a cheeseburger by a dime, and that's why there are some protections in place (requirements of notice, an eviction process, etc.), but there is no indications that those aren't in play here.

Re: San Francisco man fights eviction after rent increase from $1,800 to $8,000

#36

When I was at school participating in a legal clinic I had lots of clients facing eviction and we had plenty of tricks to use. Most popular was to demand a jury trial, which could take a month or two to organize, during which time the tenant wasn't paying rent and so could save enough to move. The basic procedure: http://www.courts.ca.gov/27723.htm

[deleted]

Re: San Francisco man fights eviction after rent increase from $1,800 to $8,000

#37
post #34

Earlier quoted context omitted.

Wow, seems something's a bit "out of whack" or "outdated" when a landlord wakes up and realizes "wait, I could charge 10x the rent!" :) I assume he could't just evict the tenant because of some kind of tenancy laws or something?

Yup. Rent control laws in SF don't allow that. That's the flip side of rent control: you have people paying a lot less than market price. Or another way to look at it, people moving into the city are subsidizing costs for existing tenants resulting in higher market prices--which depending on your perspective, could be seen as unfair to new tenants or fair for old tenants.

The costs of being a landlord don't change that much from year to year - especially in SF where property taxes are capped by prop 13.

New tenants aren't "subsidizing" anything. Whats happening is that landlords are making a killing on rapidly rising rents, with relatively fixed costs.

Re: San Francisco man fights eviction after rent increase from $1,800 to $8,000

#38

I suspect I have the unpopular opinion, but I don't see this as an especially big deal. Yes, I understand this is an especially sensitive issue for SFers. And yes, it sucks for the guy. Renting has its perks, but this is part of the risk of renting; you're living on someone else's property. Repeating that--it's THEIRS, not yours. If you have no current contract (lease), why should they be required to rent something t…

"I don't see this as an especially big deal"

Then you are clearly underestimating the effects of housing on the rest of society. Where you live (and how much you pay) is one of the biggest factors that determine how you live your life. So whatever your opinion on the topic, it is a "big deal".

"Renting has its perks, but this is part of the risk of renting"

No, having your rent quadrupled over night shouldn't be part of the risk profile. Again, whatever your opinion it is a shitty situation. It's not like you aren't taking a risk by buying.

"Where else does this occur?"

What you can put in an agreement is determined by contract law. It's not obscure at all. https://en.wikipedia.org/wiki/Category:Contract_law

Re: San Francisco man fights eviction after rent increase from $1,800 to $8,000

#39
post #15

I honestly wonder if anyone will pay that? If the landlord ends up having to rent it for something less, isn't this basically just using the rent to force out the tenant? Or on the other hand, maybe the landlord has someone lined up already to pay $8000 a month. Either way, this is pretty insane. That kind of insanity is what just made me leave California entirely.

It's more likely the landlord wants him out and this is the only way to do it.

Re: San Francisco man fights eviction after rent increase from $1,800 to $8,000

#40
post #34

Earlier quoted context omitted.

Wow, seems something's a bit "out of whack" or "outdated" when a landlord wakes up and realizes "wait, I could charge 10x the rent!" :) I assume he could't just evict the tenant because of some kind of tenancy laws or something?

Yup. Rent control laws in SF don't allow that. That's the flip side of rent control: you have people paying a lot less than market price. Or another way to look at it, people moving into the city are subsidizing costs for existing tenants resulting in higher market prices--which depending on your perspective, could be seen as unfair to new tenants or fair for old tenants.

The rent increase to $8000 will not happen if the property was built in 1979 or older.

The city leaders will nail this poor owner like Hitler for pulling that.

"people moving into the city are subsidizing costs for existing tenants"

Actually, rent-controlled property owners are doing the subsidizing.

The majority of those who can afford post-1979 rental properties (post-1979 properties are not rent controlled (yet!)) avoid owning rent controlled properties like the plague.

Those who can afford to purchase the newer, post-1979 'free of rent control' properties are collecting market rents. Their tenants pay them those market rents. None of that money subsidizes the rent controlled tenants.

In order to say "payers of market rate rents subsidize rent controlled tenants' way-below-market rents" -- the subsidy would have to make it into the hands of the rent controlled landlord who is being financially injured, being unable to set prices for his business's services.

A landlord gets a subsidy from the government -- a cash payment -- if they rent to a Section 8 tenant paying a far-below-market rent.

Rent controlled landlords in San Francisco get no subsidy.

Not only do rent controlled landlords sustain financial injury, with the government micromanaging their personal property to benefit complete strangers -- the rent controlled landlord's property TANKS IN VALUE.

People with enough money to purchase a rental property will NOT purchase a government-controlled property and that lack of demand also financially injures the owner when they wish to sell.

Government theft of your personal assets is never fair. If the government said to you "we have a car shortage, you must let anyone who needs it borrow your vehicle and only pay you 20% of what a taxicab costs"....

... or if the government came to you and said "there's a shortage of software engineers in San Francisco, here -- you're going to only be allowed to charge $20 an hour, you know damn well you were gouging everyone at $100 an hour...."

Those are UNFAIR. It's YOUR CAR. You PAID FOR IT.

It's YOUR PROGRAMMING EXPERTISE. You worked for YEARS to attain it.

Any time the government is allowed to seize control of your assets in financially injurious ways -- CAN NEVER BE FAIR.

An owner of a 4-plex built in 1974 in San Francisco is not PG&E -- the electric company is a monopoly and it's huge and it's regulated.

The owner of the 4-plex is a "mom and pop" owner. They are GRIEVOUSLY, unFAIRly injured -- financially -- by government seizure of that personal asset.

Even more unfair -- if the SF government truly wanted affordable housing, they would say the following:

"The Costa-Hawkins Act allows us -- the government of San Francisco -- to impose rent control on ALL MARKET-RATE PROPERTIES that were built between 1979 and 1995 - state law, for now, prohibits us from going past 1995.

"Effective tomorrow, all market-rate rental properties from 1979 to 1995 that till now have not been regulated -- are rent-controlled."

After all -- if the citizens in SF are perfectly okay to have the government cause financial injury on mom-and-pop owners -- why stop at 1979, when Costa-Hawkins allows up to 1995.

Maybe that's coming soon....?

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