EVICTION
You don’t have to leave just because your landlord tells you to! An eviction follows a very specific legal process that your landlord must follow. All eviction notices must be in writing. Additionally, most tenants can only be evicted for a specific set of reasons called “Just Cause.”
TALK TO A TENANTS RIGHTS COUNSELOR IMMEDIATELY IF YOU ARE BEING EVICTED. VISIT Get Help
JUST CAUSES for EVICTION
Under section 37.9(a) of the SF Rent Ordinance, landlords of rent-controlled apartments must have just cause to evict tenants from those units. For a full list of allowed reasons for eviction, see www.sftu.org/justcauses/
Some causes for eviction are because the tenant has violated their lease agreement or the law. These are called “For-Fault” evictions. Some common examples include:
Nonpayment of rent, habitual late payment, or frequent bounced checks.
Breach (violation) of a term of the rental agreement that has not been corrected after written notice from the landlord.
Nuisance or substantial damage to the unit (waste), or “creating a substantial interference with the comfort, safety, or enjoyment of the landlord or other tenants in the building.”
There are a limited set of reasons that a landlord can evict a tenant who did not violate their lease or the law. These are called “No Fault” evictions. Often, tenants have the right to relocation payments. Some common examples include:
OMI: Move-in of the landlord or a close relative of the landlord (if the landlord lives in the building).
Sale of a unit which has been converted to a condo. Seniors and permanently disabled tenants cannot be evicted for condo conversions.
Capital improvements or rehabilitation. The tenant has the right to re-occupy the unit at the prior rent, once the work is completed.
Ellis Act evictions, which require withdrawal from rental housing use all of the units in the building.
EVICTION NOTICES:
Eviction notices can’t be given verbally. A real eviction begins with a written notice, usually for 3, 30 or 60 days. You do not have to leave your home by the end of this notice, and your landlord can’t force you out. If you haven’t moved by the end of the 3, 30 or 60 days, the landlord can then begin the court eviction process with a summons (Unlawful Detainer).
If you receive a “Summons and Complaint for Unlawful Detainer.” YOU MUST RESPOND TO THIS IN FIVE DAYS, or you may lose your right to a trial and the eviction will move much quicker. Weekends and court holidays do not count towards the 5 days. If you do not respond, you will lose automatically and can be evicted by the Sheriff in a week.
THE ANSWER: You respond to the Summons by completing a court form called an “Answer.” You may also be able to first file court motions attacking the validity of the eviction. It is HIGHLY RECOMMENDED that you can get help filing these at the Eviction Defense Collaborative.
EVICTIONS ARE DONE THROUGH COURT:
Landlords don’t evict: judges and sheriffs evict. When you rent, you have a legal right to stay until you either choose to leave or the landlord gets a court order. Before you can be evicted, you have the right to bring your case to a jury. If you win, you get to stay. If you lose, only the sheriff has the right to remove you.
LEGAL ASSISTANCE:
To respond to an Unlawful Detainer, you need to obtain legal assistance. The Eviction Defense Collaborative (EDC) assists tenants in responding to the court papers. Bring your papers to the EDC(1338 Mission Street; 4th Floor, San Francisco, CA 94103) Mon.-Fri. 9:00-11:00 am and 1-3 pm. Do not call. Drop in to talk to a counselor during counseling hours.
RETALIATORY EVICTIONS:
California Civil Code 1942.5 says a landlord cannot retaliate against tenants by evicting them or raising the rent. If your landlord tries to evict you within six months of an action you have taken to assert your rights, you may have a defense against it. Make sure you keep copies of all actions which might be cause for retaliation, such as Rent Board notices, Building Inspection notices, etc.