16 Just Causes For Eviction
Under Rent Control
In all these cases, the landlord must have honest intent, without ulterior motive (e.g., a motive of raising the rent). Below are the just causes summarized; for the legal wording get the rent control ordinance and see §37.9(a).
Tenants who are evicted for the "no-fault" causes capital improvements, demolition, owner move in, or substantial rehabilitation have a right to a relocation payment of (from 3/1/14-2/28/15) $5,261 per tenant up to a maximum of $15,783 per household and $3,508 additional for tenants who are senior, disabled or have children, except a household evicted for less than 20 days is limited to $286/day adjusted for inflation. Tenants evicted for the Ellis Act have a right to the larger of the relocation payment of (from 3/1/14-2/28/15) $5,265.10 up to a maximum of $15,795.27 per household and $3,510.06 additional for tenants who are senior or disabled, or the Rental Payment Differential for 2 years. The Rental Payment Differential can be calculated using a table from the Rent Board.
The just causes for eviction are:
The tenant has failed to pay the rent, habitually pays late or bounces
The tenant has violated a term of the rental agreement or lease and
has received written notice about this from the landlord and has not
corrected the violation;
3. The tenant is creating or permitting a nuisance in, or substantial damage to the unit, or is creating a substantial interference with the comfort, safety or enjoyment of the landlord or other tenants in the building;
4. The tenant is using the unit for an illegal purpose;
5. The tenants prior rental agreement or lease has ended and the tenant refuses to execute a written extension or renewal of the past agreement for the same period of time and under materially the same terms as the prior agreement;
6. The tenant has refused the landlord reasonable access to the unit as required by law to make repairs or agreed-upon improvements, or to show the unit to prospective buyers (for more information see the harassment chapter in the handbook.
7. The only person left in the unit when the rental agreement expires is a subtenant who has not been approved (either stated or implied) by the landlord;
8. The landlord or a close relative of the landlord (if the landlord lives in the building) wants to move in to the unit and will remain a minimum of 36 consecutive months (owner move-in eviction). The tenant has a right to relocation payments;
9. The landlord seeks to sell a unit which has been converted to a condominium;
10. The landlord seeks to demolish or otherwise remove the unit from housing use and has obtained all the necessary permits. The tenant has a right to relocation payments;
11. The landlord seeks temporarily to remove the unit from housing use to carry out capital improvements or rehabilitation and has obtained all the necessary permits. A tenant forced to vacate temporarily under these circumstances has the right to re-occupy the unit once the work is completed at the prior rent, adjusted by the Rent Board's allowable rent increases such as the annual rent increase. The tenant has a right to relocation payments;
12. The landlord seeks to carry out substantial rehabilitation and has obtained all the necessary permits. The tenant has a right to relocation payments;
13. The landlord seeks to withdraw from rental housing use all the units in the building or a unit detached from another structure on the same lot, (e.g. a cottage) pursuant to the Ellis Act. Tenants evicted for this cause have a right to a relocation payment, and disabled and senior tenants (over 62) get one year notice. All tenants get at least 120 days notice and a right to reoccupy at the old rent with allowable rent increases such as the annual rent increases if the unit is re-rented in the future;
14. The landlord seeks to temporarily recover possession of the unit for less than 30 days solely for the purpose of abating lead paint problems, as required by the San Francisco Health Code. The tenant has a right to relocation payments;
15. The landlord seeks to recover possession in order to demolish or to otherwise permanently remove the rental unit from housing use in accordance with the terms of a development agreement entered into by the City under Chapter 56 of the San Francisco Administrative Code. (This just cause was added to enable the Trinity Apartments to re-build rent controlled units and is not generally applicable to any other units);
16. The tenant’s Good Samaritan Occupancy Status has expired, and the landlord serves a notice within 60 days after expiration of the Good Samaritan Occupancy Status Period of termination of tenancy.
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