On January 20, 2020, the San Francisco Board of Supervisors passed a new change in the law to expand eviction control. The changes are significant in that they extend eviction control to more buildings. Where before, only buildings built prior to June 1979 were covered by the eviction protections of the Rent Ordinance (with some exceptions), the change extended this protection to newer buildings, live-work units, and units that have gone through significant remodeling. Here’s what you need to know.
This means your landlord can only evict you if they have one of the sixteen reasons elaborated in the city’s eviction laws. Your landlord cannot just kick you out when your lease ends or without a justification. This is actually more inclusive than the recent state law passed in California, AB 1482, which only provides protections to tenants living in units that are more than fifteen years old. For more information on the new state law check out our article here.
Yes. Some units/tenancies remain excluded from San Francisco's eviction controls regardless of when they were built. These include units covered by / regulated by other government agencies, such as those properties in the Presidio (federal land), commercial tenancies, dormitories, and care facilities, among others. For more detailed information check out the San Francisco Rent Board website.
Under the SF Rent Ordinance, “just cause” evictions can be broken into two categories: “fault” and “no fault” evictions. A“fault” eviction is just what it sounds like. It requires an action or failure on the part of the tenant such as: non payment of rent, criminal acts and violating a “material” term of a lease. “No fault” evictions on the other hand include: owner-move in evictions, and the Ellis Act, among others.
This amendment does not extend the rent control protections of the San Francisco Rent Ordinance to new buildings. However, newer buildings may be covered under the new California Statewide Tenant Protection Act. This only applies to certain tenancies/buildings as detailed here.
Because every situation is unique, we can’t tell you what to do in your particular situation. But the short answer is you may not have to move. If your landlord tells you that you have to move out, you should always speak with a tenant attorney or tenant’s rights organization before you start packing your bags.
If you’ve already moved out and suspect that you may have been wrongfully evicted without a just cause, you may have grounds to bring a lawsuit for Wrongful Eviction. If you find yourself in that situation contact us today to discuss your options.
Recovered on behalf of a group of 30 tenants living in an SRO in San Francisco who were living with horrendous conditions in their rent controlled apartments, including rodents, bedbugs, mold, water leaks and harassment.Read More
Recovered on behalf of three families living in a building in San Francisco’s SOMA neighborhood who were forced to live with substandard conditions for years as a result of their landlord’s negligence, including issues with lack of heat, lack of hot water and cockroach/rat infestations.Read More
Recovered on behalf of a couple living in a rent-controlled home in the outer Sunset neighborhood. Our clients were forced to vacate after the landlord served them with an Owner Move-In Eviction Notice. After the landlords failed to move into the property, our clients filed suit for wrongful eviction.Read More
Recovered on behalf of a San Francisco tenant in Russian Hill. Tenant was forced to vacate her illegal apartment in retaliation for reporting unlawful rent increases to the San Francisco Rent Board.Read More
Recovered for a single long-term tenant in San Francisco. Our client was forced to move out of his apartment as a result of extreme landlord harassment.Read More
Recovered on behalf of three long-term tenants in San Francisco’s Castro neighborhood who were constructively evicted due to noise and nuisance conditions created by their downstairs neighbors, which the owner refused to address.Read More
Recovered on behalf of elderly, disabled tenant who was forced to move out of her rent-controlled San Francisco apartment of 50 years after landlord/owner failed to resolve numerous building code violations that remained outstanding for over a decade.Read More
Recovered on behalf of seven tenants living in a makeshift boarding house in East Palo Alto.Read More
Recovered on behalf of two former San Francisco tenants who were evicted via an Owner Move-In Eviction and owner failed to occupy the unit as her primary place of residence.Read More
Recovered on behalf of an elderly long-term tenant who was forced to vacate her long San Francisco apartment as a result of her landlord’s refusal to address longstanding defective conditions, including lack of heat, mold, rodent infestations, and defective plumbing. Read More
Recovered on behalf of a San Francisco tenant who was forced to vacate his home as a result of ongoing, disruptive construction and the owners’ refusal to provide him with alternative housing. Read More
Recovered on behalf of a San Francisco family that was constructively evicted from their home in the Richmond District as a result of unlawful rent increases, defective conditions and tenant harassment.Read More
Recovered on behalf of a tenant living in an illegal “in-law” unit. In this case, a new owner purchased the building and then demolished our client’s unit without permits while she was displaced for seismic retrofitting.Read More
Recovered on behalf of two long term San Francisco tenants who were fraudulently evicted from their home of over twenty years under the pretext of an owner move-in eviction.Read More
Recovered for tenant who was injured when their stairway railing collapsed at the tenant’s Mission District apartment building.Read More
Recovered in action for a group of tenants forced to vacate their San Francisco apartment house due to severe habitability defects including mold and water leaks.Read More
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For more information or to discuss your legal situation, call us today at (415) 649-6203 for a phone consultation or submit an inquiry below. Please note our firm can only assist tenants residing in San Francisco, Oakland & Berkeley.