Hoarder tenant in San Francisco

Jared JLemail · 2023-03-30T11:49:26-07:00

Hi All, I have a property management issue so I thought this might be a good place to post. I just started helping an elderly family member that self-manages a five-unit apartment building in San Francisco. Had I known about this issue earlier I could have dealt with the situation but here we are now: One of the tenants signed a one-year leased in 2007 and was given the right to park on one side of a two-car garage. The lease is typed, but the only reference to parking is written in pen and says, “parking only.” No new lease has been updated since. The tenant has been using the garage space for storage only, with an exceptional amount of junk and a non-operational vehicle. My family member has sent notices to the tenant to clean up his garage, but he has refused to do so. I feel that this tenant is taking advantage of them because they are elderly (currently 93). This tenant also has four occupants in his apartment when the lease is stated for only two in a one-bedroom apartment (we recently sent him a letter to correct this action). My family member would like to have their entire garage back for their own storage and use. Is there any way we can get our garage space back or at the very least have the tenant utilize the space for parking only? Or even put the garage space on a separate lease so we can charge for its use? Ideally it would be better to not have to hire a lawyer as this could be expensive, however I realize that there may not be an alternative at this point. I have been on the San Francisco rent board website looking up rules/regulations/ordinances but interpreting rules with our specific case has been challenging. It’s insane how much rights tenants have compared to how little rights landlords have in San Francisco. I greatly appreciate any advice. Thank you for reading!

Nathan GesnerBusiness Member

Moderator

Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

3y

Quote from @Jared JLemail:

If this were in my state, or 45 other states, it would be easy. Because you are in California, I recommend you hire an attorney to help you get these tenants out. If the garage looks like that, the living space is probably just as bad. You have four adults living in a 1-bedroom place, which is a lease violation and may be a code/safety violation. They've been there for 16 years with no update to the lease and I'll be dollars to donuts that they are 50% or more below market rates.

Hire an attorney and get this done right. The only correct answer (in my book) is to get these tenants out as soon as possible, clean the property up, and rent it at market rate to some good tenants. I bet the extra income for the first year will more than pay for the attorney.

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2 Reply

Henry T.

Member since 2022 · 1k+ posts · 1k+ votes

3y

They're probably month to month? Offer them a new lease, or a change in lease terms. With a price increase to comparable market value. A garage is no longer part of this lease. If they need a garage, you have one they can lease for $$$. Have a real estate or eviction attorney(someone that knows rental law) write it up for you. Its money well spent.

2 Reply

Becca F.

Rental Property Investor · San Francisco Bay Area · Member since 2022 · 1k+ posts · 1k+ votes

3y

@Jared JLemail

I co-own a multi-unit in S.F. and a property management team takes care of everything. I self manage a SFH and will probably turn that over to a PM in the near future. Since your family member is 93 years old, does she want to deal with this and would she consider hiring a PM? I know it would cost money but would prevent problems like this tenant.

I would echo what Nathan is saying to hire an attorney. They've clearly violated lease terms with the garage space and having 4 occupants in a space designed for 2 people. Did they respond or correct the number of occupants issue even though they didn't clean out their belongings and the non-operating vehicle in the garage?

From looking at the lease it says the rent is $1550, unless I'm misreading the number. This is pretty low. The rent board has a chart each year with the amount of rent increase on rent controlled unit since 2007 ranges from 0.1% to a high of 2.6% but effective March 1, 2023, you can raise the rent 3.6%. That would be a $55 increase on $1550.

As far as market rate rent, if they've been there since 2007, the unit probably hasn't been renovated (updated kitchen and bathrooms, flooring) you probably wouldn't get full market rate if you're able to get those tenants out. From a quick search of some S.F. 1 bedroom apartments, I see the rent range from $2500 for a clean apartment in good condition with carpet but not upgraded (around 600 sq ft.) to over $3600 for renovated with all the amenities. updated cabinets and countertops, stainless steel appliances, LVP flooring, but it depends on the area. I would consult a PM company and have them advise your relative of what rent they could charge if these tenants hopefully leave since they would have a better pulse on rental comps of properties in similar condition. Good luck!

1 Reply

Jared JLemail

OP

Sacramento · Member since 2022 · 4 posts · 0 votes

3y

Quote from @Becca F.:

@Jared JLemail

I co-own a multi-unit in S.F. and a property management team takes care of everything. I self manage a SFH and will probably turn that over to a PM in the near future. Since your family member is 93 years old, does she want to deal with this and would she consider hiring a PM? I know it would cost money but would prevent problems like this tenant.

I would echo what Nathan is saying to hire an attorney. They've clearly violated lease terms with the garage space and having 4 occupants in a space designed for 2 people. Did they respond or correct the number of occupants issue even though they didn't clean out their belongings and the non-operating vehicle in the garage?

From looking at the lease it says the rent is $1550, unless I'm misreading the number. This is pretty low. The rent board has a chart each year with the amount of rent increase on rent controlled unit since 2007 ranges from 0.1% to a high of 2.6% but effective March 1, 2023, you can raise the rent 3.6%. That would be a $55 increase on $1550.

As far as market rate rent, if they've been there since 2007, the unit probably hasn't been renovated (updated kitchen and bathrooms, flooring) you probably wouldn't get full market rate if you're able to get those tenants out. From a quick search of some S.F. 1 bedroom apartments, I see the rent range from $2500 for a clean apartment in good condition with carpet but not upgraded (around 600 sq ft.) to over $3600 for renovated with all the amenities. updated cabinets and countertops, stainless steel appliances, LVP flooring, but it depends on the area. I would consult a PM company and have them advise your relative of what rent they could charge if these tenants hopefully leave since they would have a better pulse on rental comps of properties in similar condition. Good luck!

Thank you for the advice, Becca! I'm looking into hiring a PM since I live a few hours away and San Francisco is such a difficult place to self-manage without experience and strong renters rights. We have been raising rent as much as we can with the rent control so they're paying close to $2000/month. They have corrected the 4 occupants but ignore requests to clean garage. I would like to evict them so I could renovate and rent at market rate, but they are a "protected tenant" so it might be difficult. I guess my only hope is a PM or attorney at this point. Thank you!

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Ned J.Pro Member

Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes

3y

If the messy garage is the only remaining issue, then in my opinion you are stuck. You can't manage people out of being messy and if the garage space is part of their current lease, then can use it as they please. Unless its a code violation...unsafe or unsanitary with pest etc, then you have no case to get rid of them based on it being filled with stuff..... you would have to get rid of them based on something else.

Definitely consult an attorney, since this long term situation is beyond a DIY eviction plan.

In this situation you are going to be better off starting from scratch by getting them out and starting new or selling..... but be prepared for some heavy renovation costs if it hasnt been touched in 16 years

1 Reply

Scott Mac

Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes

3y

Quote from @Jared JLemail:

... a one-year leased in 2007 and was given the right to park on one side of a two-car garage. ... the only reference to parking is written in pen and says, “parking only.”

...The tenant has been using the garage space for storage only,

with an exceptional amount of junk and a non-operational vehicle.

....

Is there any way we can ... have the tenant utilize the space for parking only? ...

Responding to the above cliffnotes version of your post.

Renter is Parking -- a classic convertible under a storage cover / running or not it's parked there.

I am not seeing an exceptional amount of (junk) or a hoarder situation here.

It may look unpretty, but it seems typical of what a storage unit would hold.

If the lease were current I'd say you are being too pickey, and will cause a move out by trying to micro manage a non-problem just because you don't like the way it looks to your eye.

One parking space leased, one parking space being used.

And that car under the cover, might be worth more than yours and your grandparents cars combined.

Some of those old classics have quite a price point.

Just my 2 Cents.

https://www.youtube.com/watch?v=rLbb_QsCkgw

1 Reply

Henry T.

Member since 2022 · 1k+ posts · 1k+ votes

3y

Quote from @Scott Mac:

Quote from @Jared JLemail:

... a one-year leased in 2007 and was given the right to park on one side of a two-car garage. ... the only reference to parking is written in pen and says, “parking only.”

...The tenant has been using the garage space for storage only,

with an exceptional amount of junk and a non-operational vehicle.

....

Is there any way we can ... have the tenant utilize the space for parking only? ...

Responding to the above cliffnotes version of your post.

Renter is Parking -- a classic convertible under a storage cover / running or not it's parked there.

I am not seeing an exceptional amount of (junk) or a hoarder situation here.

It may look unpretty, but it seems typical of what a storage unit would hold.

If the lease were current I'd say you are being too pickey, and will cause a move out by trying to micro manage a non-problem just because you don't like the way it looks to your eye.

One parking space leased, one parking space being used.

And that car under the cover, might be worth more than yours and your grandparents cars combined.

Some of those old classics have quite a price point.

Just my 2 Cents.

https://www.youtube.com/watch?v=rLbb_QsCkgw

Could be a Pontiac, or.......

3 Reply

Becca F.

Rental Property Investor · San Francisco Bay Area · Member since 2022 · 1k+ posts · 1k+ votes

3y

@Jared JLemail

On the my lease for my self-managed SFH, I spell what they're allowed to park and store in the garage. They can park an operating vehicle and store a bicycle and skis/snowboard (no non-operating vehicles). On your family member's lease it says "Parking Only" - I guess technically they're parking a non-operating vehicle. My landlord friend said everything needs to be spelled so there's no room for misinterpretation. For example, I have no use of candles (fire hazard). She even goes as far as none of those room freshener plug ins or spraying of air fresheners, presumably for allergy reasons in her multi-unit. And on her lease it says "tenant responsible for pest infestation removal such as ants, bed bugs, etc" She wrote her lease in consultation with an attorney. I hope everything works out for your family member.

1 Reply

Jared JLemail

OP

Sacramento · Member since 2022 · 4 posts · 0 votes

3y

Quote from @Ned J.:

If the messy garage is the only remaining issue, then in my opinion you are stuck. You can't manage people out of being messy and if the garage space is part of their current lease, then can use it as they please. Unless its a code violation...unsafe or unsanitary with pest etc, then you have no case to get rid of them based on it being filled with stuff..... you would have to get rid of them based on something else.

Definitely consult an attorney, since this long term situation is beyond a DIY eviction plan.

In this situation you are going to be better off starting from scratch by getting them out and starting new or selling..... but be prepared for some heavy renovation costs if it hasnt been touched in 16 years

It looks like a fire hazard and he is blocking the gas meters and emergency gas shut off (less than 3 feet clearance). A garage space used as a storage unit when lease says "parking only" should be a considered a violation of lease, but that's just my opinion which means nothing unfortunately. I'm definitely expecting a full gut renovation. Thank you!

0 Reply

Jared JLemail

OP

Sacramento · Member since 2022 · 4 posts · 0 votes

3y

Quote from @Becca F.:

@Jared JLemail

On the my lease for my self-managed SFH, I spell what they're allowed to park and store in the garage. They can park an operating vehicle and store a bicycle and skis/snowboard (no non-operating vehicles). On your family member's lease it says "Parking Only" - I guess technically they're parking a non-operating vehicle. My landlord friend said everything needs to be spelled so there's no room for misinterpretation. For example, I have no use of candles (fire hazard). She even goes as far as none of those room freshener plug ins or spraying of air fresheners, presumably for allergy reasons in her multi-unit. And on her lease it says "tenant responsible for pest infestation removal such as ants, bed bugs, etc" She wrote her lease in consultation with an attorney. I hope everything works out for your family member.

Any new tenants will definitely have extensively detailed leases with everything spelled out. It's unfortunate that everything is interpreted in the tenants favor as opposed to just be fair and neutral for both landlord and tenant in SF. Thank you for the advice!

0 Reply

Ned J.Pro Member

Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes

3y

@Jared JLemail...its unsightly to you, but that is not going to be classified as a fire hazard by a judge. And if you have 3 feet of clearance to the meter and valve...... judge is also not going to side with you.

You are in a tenant friendly state and city.....and what you are having issues with is pretty minor compared to what comes up with tenants. You wont win based on what you have issues with in those pictures and the current lease. You could maybe have justification for other issues with the tenant, but you wont based on the car/garage aspect.

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Hoarder tenant in San Francisco

Hoarder tenant in San Francisco

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