In most cases, a landlord can evict a tenant for almost any nondiscriminatory reason. But tenants at rent-controlled properties in San Francisco can only be evicted for “just cause,” and the law sets out fifteen different such causes.
The fifteen just causes are separated into “fault” and “no-fault” evictions. A fault eviction is based on the tenant’s allegedly wrongful acts. A no-fault eviction is not based on anything the tenant did — instead, it is based on an action the landlord wants to take for the unit.
Fault Evictions
The seven fault evictions in San Francisco are:
- Failure to Pay Rent: Nonpayment of rent is the most common eviction. Also, a tenant may be evicted for habitual late payment of rent, which normally means at least three late payments in a twelve month period.
- Breach of Lease: For breach of lease evictions, the tenant must be given an opportunity to cure the breach. Also, many lease provisions cannot be enforced as written in the contract. For example, a clause limiting the number of occupants or prohibiting subletting is likely not enforceable as written. Instead, it is modified by San Francisco Rent Board Rules 6.15A-E.
- Nuisance: The tenant must substantially damage the building or create “a substantial interference with the comfort, safety, or enjoyment of the landlord or other tenants in the building.” For a nuisance eviction, the landlord does not have to provide the tenant an opportunity to cure the nuisance.
- Illegal Use: This provision normally applies to selling drugs and other criminal acts.
- Tenant’s Refusal to Sign a Lease Extension: To justify eviction, the new terms of the new lease must be “materially” the same.
- Refusal to Allow Access: A tenant can be evicted for refusing to provide access to the unit, if the landlord is lawfully requesting access pursuant to Civil Code section 1954.
- Illegal Subletting by an Unapproved Occupant: When the last approved tenant vacates the unit, a landlord can evict all remaining unapproved occupants.
No-Fault Evictions
In some situations, the owner can evict rent-controlled tenants even if they did absolutely nothing wrong. These situations include:
- Owner Move-In: OMI actions are among the most common no-fault evictions. The owner must move in within three months and occupy the unit is his or her sole principal place of residence for three years. There are many protections for tenants from owner move-in evictions.
- Condo Conversion: An owner can evict a tenant in order to sell the unit in accordance with an approved condo conversion plan.
- Demolition: If the landlord has obtained all necessary permits to demolish a unit, the landlord may evict the tenant. These evictions have become much rarer as the City is often refusing to issue permits if it will result in an eviction.
- Temporary Eviction: The owner may order tenants to leave to perform capital improvements, remove lead, or perform “substantial rehabilitation;” the tenants have the right to renew their leases when construction ends. Special rules apply to mandatory earthquake refittings.
- Ellis Act: The Ellis Act allows an owner to “go out of the rental business” by evicting all tenants in a building. Owners can use this just cause even if they just bought the property.
In most no-fault evictions, the owner must pay relocation expenses of $5,890 for each tenant, up to a maximum of three tenants, an additional $3,927 for each tenant who is 60 years old or older or who is has a qualifying medical condition, and $3,927 if the household has a minor child.
Reach Out to Aggressive Attorneys
To protect your rights in a fault or no-fault eviction, contact an experienced San Francisco tenant lawyer from Elke & Merchant, LLP. We limit our practice to tenants’ rights in the Bay Area.