SAN FRANCISCO (KCBS)— A rare victory for tenants of a San Francisco apartment facing an Ellis Act eviction by their landlord was handed down by a judge Tuesday.

When Patricia Kerman was served an eviction notice at 3305 20th Street, she decided it was better to fight than switch to another apartment. The building’s owner, Kaushik Dattani planned to sell the property, but now he’ll have to wait some time to do that.

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The Superior Court judge decided that Kerman, a disabled senior and two other tenants in the building, wouldn’t face eviction, at least for now.

Kerman’s attorney, Steve Collier successfully argued that the landlord didn’t properly serve notice of eviction to the San Francisco Rent Board.

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“This has been such a stressful year for me,” Kerman said. “Hopefully I’ll learn to sleep through the night and I won’t be waking up at three in the morning, unable to go back to sleep. I’ll be able to get up in the morning and not have a knot in my stomach.”

Collier said Dattani may have to wait a full year before he files to evict the tenants again.

“They are long-term San Franciscans who have given a lot to the community and they shouldn’t be thrown out by a real estate speculator. That’s what Kaushik Dattani is. He’s a serial evictor,” said Collier.

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Dattani’s attorney said he would not have comment on his client’s loss.