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What Are the Just-Cause Eviction Reasons in SF?

What Are the Just-Cause Eviction Reasons in SF?

What Are the Just-Cause Eviction Reasons in SF?

27Jul

What Are the Just-Cause Eviction Reasons in SF?

Just-cause eviction reasons exist in SF and throughout the Bay Area to give landlords an opportunity to legally remove tenants for different reasons. Some of these legal reasons have to do with things the tenant does and some can be totally unrelated to tenant actions.

Just-Cause Eviction Reasons 

You can only be evicted by your landlord if they have a legal "just-cause" reason, unless the landlord lives in the same unit with a tenant or another exception applies.

Tenant- Action Reasons for Eviction

Sometimes the justification for the eviction is based on a tenant's wrongful actions. See the following tenant-related reasons for eviction:

  • Failure to pay rent or habitual late payments.
  • Breach of a term in the lease that hasn't been corrected after written notice from the landlord.
  • Creating a nuisance or substantial damage to the unit (waste).
  • Use of the unit for an illegal purpose.
  • Termination of the lease and the tenant won't execute a written extension of the lease for the same terms.
  • Denial of access of the unit to the landlord.
  • Unapproved subtenant (approval can be either stated or implied) is the sole individual still remaining in the unit (subtenant holding over).

Reasons for Eviction Not Based on Tenant Action

There are just-cause reasons that aren't based on tenants' actions, including the following:

  • Landlord move-in or their close relative. The tenant is entitled to relocation payments.
  • The sale of the unit which has been converted to a condominium; this doesn't apply to seniors and disabled tenants. A tenant has a right to a 1-year lease or 120 days with relocation payments.
  • Demolition or removal of the unit from housing use. A tenant has a right to relocation payments.
  • Capital improvements or rehabilitation with all the required permits that allow temporary removal of the unit from housing use. A tenant is entitled to re-occupy the unit (when work is completed) at the prior rent, adjusted by the Rent Board's allowable rent increases, such as the annual rent increase. A tenant has a right to relocation payments.
  • Substantial rehabilitation of a building that is essentially uninhabitable with all the necessary permits. A tenant has a right to relocation payments.
  • Ellis Act evictions which require withdrawal from rental housing use all of the units in the building. A tenant is entitled to a relocation payment.
  • Lead abatement with temporary removal of the unit from housing use for less than 30 days. A tenant is entitled to a relocation payment.
  • Demolition or to otherwise permanently remove the rental unit from housing use.
  • Good Samaritan occupancy expiration.

Discuss Eviction with a Tenants' Rights Attorney

Your landlord must have a "just cause" reason to evict. If they don't, think about pursuing a wrongful eviction lawsuit. Even if the landlord has a "just cause" reason for eviction, the landlord can't evict unless they have gone through the legal process and have completed required procedures. If they don't do it the right way, you may have an action against them. For these situations or other eviction issues, you should talk to a skilled Wolford Wayne tenants' rights' attorney right away who can help you assert your rights. Contact us immediately for further instructions.

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