San Francisco Wrongful Eviction Lawyers

Eviction Laws and Procedures

The San Francisco Rent Ordinance provides eviction protections for tenants living in buildings covered by the ordinance. There are sixteen “just causes” for eviction. Most of these are considered for cause – that is, they require an allegation that a tenant did something wrong. There are also limited options for “no fault” evictions which do not require that a tenant have done something wrong as explained below.

Just Cause Requirements

The first requirement for a lawful eviction is a “just cause.” San Francisco’s Rent Ordinance states that landlords can only evict tenants for named just causes, such as:

• Non-Payment of Rent: The tenant fails to pay rent when it’s due.
• Breach of Lease: A material violation of terms of the rental agreement or lease, such as using the unit for a commercial purpose or Airbnb-ing the unit out.
• Nuisance: The tenant is causing a nuisance or substantial damage to the property or is creating significant interference with other tenants.
• Illegal Use: The tenant is using the unit for illegal purposes.
• Failure to Sign Lease Renewal: The tenant refuses to sign a similar rental agreement upon its expiration.
• Owner or Relative Move-In: The landlord or their close relative, under certain conditions, intends to move into the rental unit. This is often known as an “Owner Move-In” (OMI) or “Relative Move -In” (RMI) eviction.
• Withdrawal of the Property from Rental Market: Known as the Ellis Act, this allows landlords to evict tenants if they plan to remove the property from the rental market permanently.
• Temporary Eviction for Capital Improvements or Substantial Rehabilitation: The landlord plans to carry out substantial renovations that cannot be completed while the unit is occupied. These must be necessary, not merely cosmetic improvements.
• Lead Remediation or Seismic Work: For public health or safety reasons, such as lead paint removal or seismic retrofitting, requiring temporary vacancy.
• Good Samaritan Status Expiration: If the tenant was originally given a temporary, reduced rent under “Good Samaritan” status, and the agreed-upon term has ended.

It’s important for tenants facing eviction under these “just cause” reasons to understand their rights and the specific procedures that landlords must follow. In order to pursue a lawful eviction Landlords must allege that they have a just cause.

The Eviction Process

If your landlord has just cause, then they can begin the eviction process. However, there’s still a long way to go before they can legally remove you from your home. Let’s break down the lawful eviction process step by step:

• The Eviction Notice: First, the landlord must provide a written notice to the tenant. The duration of this notice varies depending on the reason for eviction. For non-payment of rent, violating the lease, or illegal activity, they must provide a three-day notice. For no-fault evictions, such as an Owner Move-in Eviction, the notice period is sixty days.
• The Notice Period: Once a tenant has been served with an eviction notice identifying a “just cause” for eviction, the tenant has a choice to make: move out during the notice period, “cure” the notice, if applicable by resolving the alleged issue, or staying put. What option is best for you will depend on the circumstances.
• Filing an Unlawful Detainer: While some notices must provide the tenant the opportunity to “cure” the violation, such as with a failure to pay rent, other violations allow landlords to give a notice to quit without an opportunity to cure. If the tenant doesn’t comply with the notice, such as by failing to pay rent or moving out of the property during the notice period, the landlord can then file an eviction lawsuit, known as an Unlawful Detainer lawsuit after the notice period ends.
• Service of Summons and Complaint: Once an eviction lawsuit has been filed the landlord can have the tenant is served with the summons and complaint.
• Tenant’s Response: The tenant has five calendar days to respond to the lawsuit, usually in the form of an Answer. If the tenant fails to respond, the landlord may win by default. Note that the time to respond may be impacted by weekends and holidays.
• Court Hearing and Judgment: Assuming that the tenant files an Answer to the Complaint, the Court will set a trial date and a mandatory settlement conference date. If the parties are unable to resolve the case prior to trial, then the Court will hold either a jury or bench trial to determine if the tenant can be evicted.
• Appeal Process: The tenant can try and stay or appeal the court’s decision, but this does not automatically stop the eviction process unless it is granted.
• Writ of Possession: If the landlord wins, they can obtain a judgment and a Writ of Possession from the court, which gives the tenant a few days (usually 5) to leave voluntarily.
• Lockout: If the tenant doesn’t leave, the sheriff will post a final notice and then perform a lockout, physically removing the tenant from the property.