Roomate Clarification on premanently resides - Costa Hawkins

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Zman

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We have a tenant (San Francisco) that has been with us since early 90's. Being rent controlled, there are some specific guidelines to follow. One obvoius issue is related to rent increases. We have allowed the tenant to have a roommate. The roomate and past roommates we handle and review as prospective tenant, and all checks out.

We provide section 6.14 to both roommates to ensure our ability to increase the rent once the original tenant vacates. Another avenue we have is the Costa-Hawkins Rental Housing Act. One interesting aspect is related to a section that states once the original tenant no longer permanently resides there. What defines premanently?

The current roommate acknowledges that the original tenant has resided over the last 16 months for less than two months. The original tenant still has all there items there, has mail sent there, but has not physically been present that much.

Just trying to get guidance and understanding what is considered reasonable duration or expectations of what premanently resides means.
 
If the original tenant has left property at the residence and is still paying rent, then that is a good indicator that the original tenant still intends to return and live there.
"Permanently" as used here, seems to be in regard to circumstances which would indicate the tenant has no intention to return.
 
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