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Just Cause Evictions in San Francisco

San Francisco is known for its strong tenant protections, including one of the most comprehensive just cause eviction ordinances in the country. Under San Francisco’s Rent Ordinance, landlords must have a valid reason, or “just cause,” to evict a tenant from a rent-controlled unit. This article provides a detailed analysis of what constitutes just cause for eviction in San Francisco, the legal requirements landlords must follow, and the protections afforded to tenants under the city’s regulations.

Overview of Just Cause Eviction Requirements

San Francisco’s Rent Ordinance, codified in Chapter 37 of the San Francisco Administrative Code, applies to most rental units built before June 13, 1979. The ordinance requires landlords to provide just cause for evicting tenants who occupy these rent-controlled units. This means that landlords cannot simply terminate a tenancy without a legally recognized reason.

The ordinance divides just cause reasons into two categories: “fault” and “no-fault” evictions.

1. Fault-Based Evictions

Fault-based evictions occur when the tenant has engaged in some type of wrongdoing. These evictions are generally easier for landlords to pursue because they are based on the tenant’s violation of the lease or other legal obligations. The following are recognized fault-based just causes for eviction in San Francisco:

  • Nonpayment of Rent: If a tenant fails to pay rent when due, the landlord can serve a 3-day notice to pay rent or quit . If the tenant does not pay within the three-day period, the landlord may proceed with an unlawful detainer action.
  • Breach of Lease: If the tenant violates a term of the lease, the landlord can serve a 3-day notice to cure or quit . Common breaches include unauthorized occupants, pets, or illegal activities on the premises.
  • Nuisance: A tenant who creates a nuisance, such as excessive noise or property damage, can be evicted after being served with a 3-day notice to quit.
  • Illegal Use of the Property: Tenants engaged in illegal activities, such as drug dealing, can be evicted with a 3-day notice to quit.
  • Failure to Sign a Lease Renewal: If a tenant refuses to sign a lease renewal on similar terms and conditions, the landlord may evict the tenant.
  • Refusal of Access: A tenant who unreasonably denies the landlord access to the unit for repairs, inspections, or other lawful purposes may be evicted after a 3-day notice to quit.
  • Substantial Damage to the Unit: Tenants who cause substantial damage to the rental unit that cannot be remedied by repair may be evicted.

2. No-Fault Evictions

No-fault evictions occur when the tenant has not done anything wrong, but the landlord has a legally permissible reason to end the tenancy. Because these evictions are not based on tenant misconduct, they often come with additional requirements and protections for the tenant. The following are recognized no-fault just causes for eviction in San Francisco:

  • Owner Move-In (OMI): A landlord can evict a tenant if they or a close family member (spouse, domestic partner, child, parent, or grandparent) intend to move into the unit as their primary residence . The landlord must provide at least 60 days’ notice and cannot use this reason if there is a comparable vacant unit available in the building.
    • Restrictions on OMI: If the tenant is 60 years or older, disabled, or catastrophically ill and has lived in the unit for at least 10 years, or if the tenant has lived in the unit for at least 5 years and is low-income, they may be protected from OMI eviction under certain circumstances.
  • Ellis Act Eviction: The Ellis Act allows landlords to evict tenants if they intend to withdraw the entire property from the rental market, usually to sell or convert it to another use . The landlord must provide written notice to the tenants and the Rent Board, and relocation assistance is required.
    • Relocation Payments: Tenants are entitled to relocation assistance payments, which are adjusted annually. As of 2023, these payments range from approximately $7,400 to $22,000 per unit, depending on the number of tenants and whether any are elderly or disabled.
  • Demolition or Substantial Rehabilitation: A landlord can evict a tenant if they intend to demolish or substantially rehabilitate the building, making it unfit for residential use during the construction process.
    • Requirements: The landlord must obtain all necessary permits and comply with relocation assistance requirements.
  • Capital Improvement Work: If the landlord needs to perform capital improvements that require the tenant to vacate the unit temporarily, they may serve a 60-day notice . The tenant has the right to return to the unit at a rent-controlled rate after the work is completed.
  • Condo Conversion: Landlords who convert a rental property into condominiums can evict tenants as part of the conversion process. However, tenants have the right to purchase their unit at a discounted rate.

Procedural Requirements for Just Cause Evictions

San Francisco’s just cause eviction process is heavily regulated, with several procedural requirements that landlords must follow:

1. Written Notice

All just cause evictions require a written notice to the tenant. The length of the notice period depends on the reason for eviction:

  • 3-Day Notice: Used for fault-based evictions like nonpayment of rent or lease violations.
  • 30/60-Day Notice: Used for no-fault evictions, with 30 days required for tenants who have lived in the unit for less than one year, and 60 days for those who have lived in the unit for one year or more .

2. Filing with the Rent Board

For no-fault evictions, landlords must file a copy of the eviction notice with the San Francisco Rent Board within 10 days of serving the tenant . Failure to do so can invalidate the eviction.

3. Relocation Payments

For certain no-fault evictions, such as Ellis Act evictions, demolition, or substantial rehabilitation, landlords are required to pay relocation assistance to displaced tenants. These payments are intended to help tenants with the costs of moving and finding a new place to live .

4. Tenant Protections

San Francisco’s Rent Ordinance includes several protections for tenants facing eviction, particularly those who are elderly, disabled, or catastrophically ill. Landlords must be aware of these protections, as failing to comply can lead to legal challenges or delays .

Tenant Defenses Against Just Cause Evictions

Tenants facing eviction in San Francisco have several defenses available under the city’s Rent Ordinance and California law. Common defenses include:

  • Lack of Just Cause: The tenant can argue that the landlord does not have a valid reason for eviction under the Rent Ordinance .
  • Retaliatory Eviction: If the eviction is in response to the tenant exercising their legal rights, such as filing a complaint about housing conditions, it may be considered retaliatory and therefore unlawful .
  • Discrimination: Evictions based on the tenant’s race, gender, sexual orientation, or other protected characteristics are prohibited under federal, state, and local laws .
  • Improper Notice: If the landlord failed to provide proper notice or comply with procedural requirements, the eviction may be invalid .

Conclusion

Understanding just cause evictions in San Francisco requires navigating a complex legal landscape designed to protect tenants in one of the most challenging rental markets in the United States. Landlords must carefully follow the procedures set forth in the San Francisco Rent Ordinance, including providing valid reasons for eviction, serving proper notice, and complying with filing and relocation payment requirements. Tenants, on the other hand, have several defenses available to challenge unlawful evictions.

Given the intricacies involved, both landlords and tenants should seek legal counsel to ensure their rights are protected throughout the eviction process. Whether you are a landlord looking to regain possession of your property or a tenant facing eviction, understanding the just cause eviction rules in San Francisco is essential for navigating this complex and highly regulated area of law.

Citations

  1. Cal. Civ. Code § 1161(2).
  2. Cal. Civ. Code § 1161(3).
  3. Cal. Civ. Code § 1161(4).
  4. S.F. Admin. Code § 37.9(a).
  5. S.F. Admin. Code § 37.9(a)(8).
  6. Cal. Gov. Code § 7060 et seq.
  7. S.F. Admin. Code § 37.9A(e)(3).
  8. S.F. Admin. Code § 37.9(a)(11).
  9. S.F. Admin. Code § 37.9(a)(9).
  10. Cal. Civ. Code § 1946.1.
  11. S.F. Admin. Code § 37.9(c).
  12. S.F. Admin. Code § 37.9.
  13. Cal. Civ. Code § 1942.5.
  14. Cal. Gov. Code § 12955 et seq.