Breaking BBQ news: Da' Pitt, the not-at-all-gentrified joint at the northwest corner of Divisadero and Grove, has been evicted.
Reader Eugenia H. alerted us to a notice from the SF Sheriff's office posted on Da' Pitt's door, dated this past Wednesday. The notice declares that the property and all its contents have been restored to its landlords as of April 24th.
The eviction is the culmination of court proceedings that began in March. The property's landlords, Rosemarie and Joseph Rodriguez, sued the owners of Da' Pitt (previously Lilly's, which was previously Brother-in-Law's), claiming that they had fallen behind on their rent payments.
Specifically, the suit alleges that Da' Pitt's owners entered into a lease in January of 2006 for $4,000 a month, increasing to $4,600 over time, but that they had "defaulted in the payment of the rent by failing to pay the rent when it came due and paying only partial amounts." On February 26th, the Rogriguezes served Da' Pitt with a 3-day notice to pay their overdue rent or face eviction. By March 1st, Da' Pitt had not complied with the 3-day notice, so the landlords moved forward with the eviction.
The lawsuit also alleges that Da' Pitt failed to pay water and garbage bills, resulting in liens on the property, and "[operated] a food service facility without a valid permit," which violated the lease. The lawsuit seeks a total of $41,400 for back rent, $153.33 for each day from March 1st until the date of judgment for each of three claims against the defendants, and attorney's fees, in addition to the eviction.
On April 5th, after having received no response from the defendants in the lawsuit, the Superior Court ordered that Da' Pitt be evicted. It's unclear whether the Rodriguezes will be able to recover the back rent and attorney's fees as well.
And so, the transformation of Divisadero marches forward. What say ye about this news, readers? Is this a change for the better, or is it da pits? Do tell.
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