Chacon v. Litke, 181 Cal. App. 4th 1234 (2010)

Citation: Chacon v. Litke, 181 Cal. App. 4th 1234 (2010)
Parent Document: Chacon v. Litke, 181 Cal. App. 4th 1234 (2010)
Jurisdiction: California (state)
Effective Date: 2010-01-19
Original Source: https://www.courtlistener.com/opinion/2256036/chacon-v-litke/ ↗

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In March 2004, acting on a complaint from the Chacons, the San Francisco Department of Building Inspection inspected the premises and cited Litke for conditions that needed repair. These included mold, mildew, roof leaks, loose treads along the interior stairs and handrails, damaged rear stairs, a dry-rotted kitchen window frame, defective windows, and deteriorated carpeting causing drafts. The citation ordered Litke to complete repairs within 30 days. On May 12, 2004, after obtaining a permit to begin the repairs, Litke served the Chacons with a 60-day notice “to temporarily terminate the tenancy” under section 37.9, subdivision (a)(ll). The notice quoted from section 37.9, subdivision (a)(ll), stating in pertinent part: “The landlord seeks in good faith to remove temporarily the unit from housing use in order to be able to carry out capital improvements or rehabilitation work and has obtained all the necessary permits on or before the date upon which notice to vacate is given, and does so without ulterior reasons and with honest intent. Any tenant who vacates the unit under such circumstances shall have the right to reoccupy the unit at the prior rent adjusted in accordance with the provisions of this Chapter. The tenant will vacate the unit only for the minimum time required to do the work. . . . The tenant shall not be required to vacate pursuant to this Section 37.9[, subdivision] (a)(ll), for a period in excess of three months; provided, however, that such time period may be extended by the Board or its Administrative Law Judges upon application by the landlord. . . . Any landlord who seeks to recover possession under this Section 37.9[, subdivision] (a)(ll) shall pay relocation expenses as provided in Section 37.9C . . . .” *1241

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