SF Laws to know about!
Common questions from Property owners
Evictions
Overview Eviction is a legal process. A landlord cannot legally lock out a tenant, throw away a tenant's possessions, shut off utilities, or engage in harassing behavior to remove a tenant. They must follow the legal process. Typically it requires a written notice, a lawsuit known as an unlawful detainer action, a judgment by the court, and a removal by the Sheriff. It is highly recommended that you speak with an attorney.
Steps to take
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Eviction is a legal process.
A landlord cannot legally lock out a tenant, throw away a tenant's possessions, shut off utilities, or engage in harassing behavior to remove a tenant. They must follow the legal process.
Typically it requires a written notice, a lawsuit known as an unlawful detainer action, a judgment by the court, and a removal by the Sheriff.
It is highly recommended that you speak with an attorney. *
Just Cause Evicitions
Most residential tenants in San Francisco have eviction protections. That means a landlord must have "just cause" to evict.
These "just causes" can include scenarios where a tenant does not pay rent, is a nuisance, or breaches the lease. This is an "at fault" eviction.
This can also include "no fault" evictions where a landlord wishes to move into a unit or wishes to get out of the rental business under the state Ellis Act.
Unlawful detainer
The Unlawful Detainer can only be filed in Superior Court after the eviction notice has expired.
If a tenant receives the Unlawful Detainer they have 10 business days to respond or they risk a default judgment. A default judgment means a tenant may have automatically lost their case.
If you are a tenant, and you receive an Unlawful Detainer Summons and Complaint, you should contact the Eviction Defense Collaborative at 415-659-9184 for free legal help.
Owner or relative move in evicitions
The details behind a owner or relative move in eviction are both very detailed and complicated. Before proceeding into a move in eviction it is imperative you consult with an attorney* before attempting to evict the tenant.
Rent control
Main thing to know
If your building was built before June 13th 1979 it is likely rent controlled!
Many residential units built on or before June 13, 1979 have both rent control and eviction protection.
Rent control in SF
Rent control means that landlords can typically only increase the rent by a certain percentage each year.
- In some circumstances a landlord can increase rent over the allowable percentage. However, the landlord will need to follow rent increase laws.
- Some units may still be covered by the California Tenant Protection Act (AB 1482) even if it does not have rent control.
Relocation payments
Certain evictions require relocation payments. This includes:
- Owner/ relative move-in evictions
- Ellis Act evictions
- Evictions based on sale of a condominium in accordance with a condominium conversion
- Evictions based on demolition/ permanent removal of the unit from housing use
- Evictions based on substantial rehabilitation
- Temporary eviction to perform capital improvement or rehabilitation work
- Temporary eviction to perform lead remediation/ abatement
*Please reach out to ask about referrals for vendors such as; landlord attorneys, contractors, inspectors, cleaning services, etc..
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