Evictions

List of Topics

1. Overview of Just Cause Evictions

2. General Eviction Notice Requirements

3. COVID-19 Emergency Tenant Protections

4. Evictions Based on Owner or Relative Move-In

5. Notice Requirements for Evictions Based on Owner or Relative Move-in

6. Evictions Pursuant to the Ellis Act

7. Temporary Eviction for Capital Improvements

8. Evictions to Demolish or Permanently Remove a Unit From Housing Use

9. Evictions Based on Substantial Rehabilitation

10. Evictions Based on Breach of Lease Involving Material Change in Original Lease Term

11. Evictions Based on Breach of No Subletting Clause and/or Breach of Occupancy Limits

12. Evictions of Roommates and Subtenants

13. Report a wrongful eviction

14. Unlawful Detainer Actions in Court

1. Overview of Just Cause Evictions

In order to evict a tenant from a rental unit covered by the Rent Ordinance, a landlord must have a "just cause" reason that is the dominant motive for pursuing the eviction. Read this for a summary of the 16 just cause reasons to evict a tenant. 

2. General Eviction Notice Requirements

An eviction notice is a legal document that terminates a tenancy and tells the tenant to vacate the unit within a specific time frame, usually within 3, 10, 30, or 60 days. All eviction notices must be in writing and contain certain information, as discussed here.  

3. COVID-19 Emergency Tenant Protections

This article provides a summary of San Francisco's COVID-19 Emergency Tenant Protections. 

4. Evictions Based on Owner or Relative Move-In

A landlord may recover possession of a rental unit for the occupancy of the owner or a relative of the owner for use as their principal residence for a period of at least 36 continuous months. Read more here. 

5. Notice Requirements for Evictions Based on Owner or Relative Move-in

In addition to general eviction notice requirements, there are specific requirements for eviction notices for owner or relative move-in. Read more here. 

6. Evictions Pursuant to the Ellis Act

The Ellis Act is found in California Government Code Section 7060, et seq. It was enacted by the California legislature in 1986 to require municipalities to allow property owners to go out of the residential rental housing business. Pursuant to the Ellis Act, San Francisco has enacted a procedure in the Rent Ordinance that owners must follow if they are going to evict tenants so that they can go out of the rental housing business. Read more here. 

7. Temporary Eviction for Capital Improvements

A landlord may temporarily evict a tenant pursuant to Ordinance Section 37.9(a)(11) if the landlord seeks in good faith and without ulterior motive to temporarily remove the unit from housing use in order to carry out capital improvements or rehabilitation work. Read more here. 

8. Evictions to Demolish or Permanently Remove a Unit From Housing Use

A landlord may evict a tenant if the landlord seeks to demolish or to otherwise permanently remove the rental unit from housing use. Read more here. 

9. Evictions Based on Substantial Rehabilitation

A landlord may evict a tenant pursuant to Ordinance Section 37.9(a)(12) in order to perform substantial rehabilitation of a building containing essentially uninhabitable residential rental units of 50+ years of age which require substantial renovation in order to conform to contemporary standards. Read more here. 

10. Evictions Based on Breach of Lease Involving Material Change in Original Lease Term

The Rent Ordinance allows the landlord to evict a tenant for breach of a rental agreement or lease after the landlord gives the tenant an opportunity to cure the breach and the tenant fails to do so. Read more here. 

11. Evictions Based on Breach of No Subletting Clause and/or Breach of Occupancy Limits

The Rent Ordinance generally allows tenants to replace departing roommates and/or to increase the number of occupants living in the unit, including family members, even when prohibited by a written lease. Read more here. 

12. Evictions of Roommates and Subtenants

Only landlords are allowed to evict their tenants. A master tenant is considered a landlord in relation to his or her subtenant, meaning that a master tenant may be able to evict a subtenant. Read more here.  

13. Report a wrongful eviction

If you think you are being evicted illegally, you can report the eviction to the Rent Board. Read more here. 

14. Unlawful Detainer Actions in Court

A landlord seeking to evict a tenant from a rental unit covered by the Rent Ordinance must have a “just cause” for the eviction and must give a written notice to terminate the tenancy. If the tenant does not voluntarily move out at the end of the notice period, the landlord must file a lawsuit known as an unlawful detainer action in order to remove the tenant from the rental unit. Read more here.