It’s merely the first step in a process. Often, tenants successfully defend their eviction lawsuits and are able to stay in their homes. In other cases, tenants may be able to negotiate a monetary settlement in exchange for relinquishing their tenancies. To figure out what’s best for your situation, talk to someone who knows the process.

If you receive a notice that doesn’t have this language on it, that doesn’t specify one of these time frames for vacating, or isn’t a proper written notice served on you and/or posted at your residence, you have not received legal notice of eviction and you can continue your tenancy.

If you receive a 3-Day Notice to Cure or Quit, you have two options: 1. pay the rent you owe, or “cure” the violation of the rental agreement listed on the Notice, or 2. do nothing, and be aware that after three days elapse, your landlord may serve you with an “unlawful detainer” (eviction) lawsuit.

Thirty or Sixty Day Notices Terminating Tenancy most often apply to “no-fault” evictions — for example, in cases of owner move-in evictions or the Ellis Act. Upon receiving this type of notice, tenants should first determine whether they are covered by an eviction protection or “just cause” law (see below). If so, the eviction notice must list a valid reason for eviction. Additionally, the notice may need to be accompanied by 50% of the applicable relocation payments, which are set by statute.

After the time specified on the notice has elapsed, the landlord may file an unlawful detainer action against you in court, then serve you with the summons and complaint. Once you are served, you have only five calendar days — including weekends and holidays — to file a response with the court.

If the tenant fails to file a response within five days, the landlord may request a default judgment against the tenant. If the court grants the default, the sheriff may arrive at the property to enforce the eviction within two to three weeks in San Francisco. (In other jurisdictions, the sheriff’s eviction may occur just five days after the court’s judgment.) Also in San Francisco, but not necessarily in other jurisdictions, the court will often grant a one-week stay of eviction in order to give the tenant time to find alternate housing.

In almost all cases, tenants should file a response immediately, as this will at least buy them more time. Once tenants file a response, the lawsuit will be set in motion: a trial date will be set, the landlord or their attorneys may send you discovery requests (which also need to be answered within a limited time period), and either side may enter motions or demurrers with the court.

Eviction lawsuits proceed on an extremely compressed timetable. Unfortunately, self-represented parties are prone to missteps that may prove costly, and the landlord’s attorneys may capitalize on that. An experienced tenants’ attorney can guide tenants through the process and be a powerful ally in settling the lawsuit. ​

Most tenancies in San Francisco are governed by the San Francisco Rent Ordinance (Chapter 37 of the Administrative Code). Tenants living in homes protected by the Rent Ordinance are entitled to just cause eviction protections.

Eviction protections under the San Francisco Rent Ordinance apply to:

• Apartment buildings built before 1979
• Single-family homes built before 1979
• Condominiums built before 1979
• Units lacking a certificate of occupancy

To pursue an eviction of a tenant in a unit protected by the Rent Ordinance a landlord must have one of 16 reasons or “just causes.”

To bring an eviction a landlord has to provide written notice to the tenant. The type of notice and amount of time for the notice depends on the reason alleged for the eviction.

If a tenant fails or refuses to move out of the unit prior to the termination of the notice period a landlord may file a lawsuit for Unlawful Detainer (eviction) against a tenant and begin eviction proceedings against that tenant.

Rent control and eviction control rights vary from county to county and city to city. Oakland and Berkeley each have Ordinances similar to San Francisco. The following Bay Area cities have also recently adopted rent ordinances of their own, though the protections they provide vary widely.

• Alameda (city)
• Emeryville
• Mountain View
• Richmond

For tenants living in parts of the state or in units not covered by eviction control, landlords may be able to evict tenants without just cause. However, in 2019 California passed state-wide rent control. The new law does not apply to ALL tenants in California but does extend protections to hundreds of thousands of tenants who otherwise were not protected. Read our article on State-Wide Protections for more information.