If your landlord tells you to move, it doesn’t mean you have to. If you are covered under the San Francisco Rent Ordinance, you can only be evicted for one of the San Francisco Rent Ordinance just causes, unless you share the rental unit with your landlord. If you are covered under California law requiring just cause, you also can only be evicted for California just causes. Plus, here, and everywhere in California, evictions must follow specific legal procedures and a court process before you can be forced to move, unless you are a sole lodger (where the owner retains access to the lodger’s area) living with the owner.
Beware: Most “no fault” evictions require landlords to pay relocation payments and restrict whether or not a landlord can raise the rent on a new tenant or convert the unit into a condominium. Tenants who move just because the landlord tells them to—without making the landlord actually issue an eviction notice—allow the landlord to evade re-rental and condo conversion restrictions, as well as relocation payments, and sometimes disqualify the tenant from housing for displaced persons.
Also beware: Just because a landlord is selling a property, or just bought it, is not a just cause for eviction (even if it’s a foreclosure). Thousands of San Franciscans are evicted by greedy landlords seeking to raise rents. If you are facing an unjust eviction, fight back; you can win.
Evictions Are Done Only Through Court Except for a Sole Lodger Living With the Owner
When you rent a residential unit, you have legal possession until you either choose to give up possession or the landlord gets a court order for possession except a sole lodger (where the owner retains access to the lodger’s area), living with the owner may be evicted without going to court. 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.
You have all these rights even if you are behind in your rent. Your landlord cannot put your belongings on the street or lock you out or turn off your utilities. This is a violation of California Civil Code Section 789.3 and the landlord is liable for damages as well as for $100 a day in penalties.
How Long Does an Eviction Take?
If you file an Answer to the Summons and Complaint, it will take at least 4-6 weeks even if you lose your case before the Sheriff evicts you. Sometimes it can take much longer, especially if you have a good case or if you aggressively defend your eviction on legal and procedural grounds.
If you do not file an Answer to the Summons and Complaint, the Sheriff could remove you from your home in the next week or two.
The Eviction Process–Help Is Available
The legal eviction process is long and complicated. Along the way there are many possibilities for negotiations and ways to make the law work in your favor. If you have a Summons and Complaint for Unlawful Detainer or an eviction notice for 30 days or longer, go to the Eviction Defense Collaborative or if they are not able to help yet, come to our counseling clinic.
The First Eviction Notice
An eviction usually begins with a 3, 30, 60, or 120 day notice. Generally 3 day notices are given for “fault” evictions (for example, the tenant has not paid the rent) while longer notices are “no-fault” (for example, the landlord will be moving into your apartment even though you have been a perfect tenant); these no-fault notices must be at least 60 days (unless the tenant has lived there less than a year, then it can be 30 days). When counting the days for 3 Day Notices for nonpayment of rent or breach of rental agreement, exclude weekends and holidays.
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 this period, only then can the landlord can begin the legal eviction process. Talk to the Tenants Union (or Eviction Defense Collaborative for 60 day or longer notices) when you get your notice and see if it’s a legal notice and what you should do about it.
Eviction threat but no official notice? Find out what to do here.
The Second Notice—“Unlawful Detainer”
If the tenant doesn’t move by the end of the first eviction notice, the landlords goes to court and issues a 2nd eviction notice called a “Summons and Complaint for Unlawful Detainer.” YOU MUST RESPOND TO THIS IN FIVE DAYS or you will lose your right to a hearing on your eviction and the eviction will move much quicker. You begin counting the 5 days the day after you receive the Summons excluding weekends and holidays. If you do not respond, you will lose automatically.
You respond to the Summons by completing a court form called an “Answer.” Your answer must be filed on this form and it must be typewritten and you must follow certain legal procedures. The Eviction Defense Collaborative, will help you complete the paperwork and file an Answer. You must go there in person.
You may have various legal defenses: Your not paying rent can be justified because you were withholding rent because of uncorrected housing code violations or your lease said nothing about dogs or you can prove that the landlord’s mother is not moving in. Or you may have procedural defenses: Your landlord accepted rent after the 30 day notice expired or the eviction notice was not a legal one.
You may want to talk to a tenant attorney about representing you for your eviction. This will probably cost you money but if you have good legal or procedural defenses and you want to remain in your home permanently, it may be worth it.
You will attend a “Settlement Conference.” This is where the judge attempts to have you and your landlord settle the case. Your landlord probably wants to go to trial less than you do and tenants can often reach an acceptable settlement at this point. Remember, though, you do not have to settle your case; you have the right to have your day in court.
When you go to trial, your landlord will present his case to the judge or jury and then you will present your case. You will be able to bring witnesses and present other evidence, such as reports from the Department of Building Inspection. If the jury decides in your favor, you will get to stay. If the judge or jury decides in the landlord’s favor, the judge will send the eviction order to the Sheriff.
Credit Reports and Evictions
Court filings of evictions are sealed for 60 days and if the tenant prevails they will be sealed permanently. For evictions which have shown up on your tenant report, see the FTC requirements concerning landlord use of credit reports. Be aware, however, that tenant screening services may report the eviction even if the tenant wins the case.
The Third Notice—The Sheriff’s Notice
Once the Sheriff has received the court order, s/he will come and post a Notice to Vacate on your door. The notice gives you five days to leave. If you can’t leave within the five days, you can go back to court and request a “Stay of Execution.” You will need to pay one week’s rent to the court and this will delay the eviction for another week. It may be possible to get more than one Stay of Execution. After the Notice to Vacate or Stay of Execution has expired, the Sheriff will remove you.
Do Tenants Get Relocation Payments?
“No fault” evictions under the San Francisco Rent Ordinance (just causes of Ellis Act, owner move-in, demolition, capital improvement, substantial rehabilitation, sale of unit converted to a condo, and lead paint abatement) receive relocation payments. A household evicted for less than 20 days has a relocation payment limited by state law. See document 577 for the amounts for owner move in, demolition, capital improvement, substantial rehabilitation payments and evictions for less than 20 days. Also no-fault evictions under California law requiring just cause receive relocation payment or rent waiver (California Civil Code Section 1946.2(d))
Specific Types of Evictions
Updated 12/2/19