The 15 “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 one of the "no-fault" causes (Capital Improvements, Demolition, Owner Move In, Ellis, or Substantial Rehabilitation get relocation benefits of (from 3/1/11-2/28/12) $5.101 per tenant up to amaximum of $15,304 per household and $3,401 additional for tenants who are senior, disabled or have children.

 

1. The tenant has failed to pay the rent or habitually pays late or bounces checks frequently;

2. 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 tenant’s 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 state or local law to make repairs or agreed-upon improvements, or to show the unit to prospective buyers (for more information about this, see chapter on Harassment);

7. The only person left in the the unit when the rental agreement expires is a subtenant who has not been approved 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. Under this just cause,landlords must pay relocation benefits of $4,700 per tenant plus an additional $3,100 to senior or disabled tenants or households with children. (More information on these owner move in evictions)

9. The landlord seeks to sell a unit which has lawfully been converted to a condominium and does so “without ulterior reasons and with honest intent”;

10. The landlord seeks to demolish or otherwise remove the unit from rental housing use, has obtained all the necessary permits, and does so “without ulterior reasons and with honest intent” Under this just cause,landlords must pay relocation benefits of $4,700 per tenant plus an additional $3,100 to senior or disabled tenants or households with children;

11. The landlord seeks temporarily to remove the unit from housing use to carry out “capital improvements or rehabilitation,” has obtained all the necessary permits, and does so “without ulterior reasons and with honest intent.” Note: 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 for the improvements. Under this just cause,landlords must pay relocation benefits of $4,700 per tenant plus an additional $3,100 to senior or disabled tenants or households with children;

12. The landlord seeks to carry out “substantial rehabilitation,” has obtained all the necessary permits, and does so “without ulterior reasons and with honest intent” Under this just cause,landlords must pay relocation benefits of $4,700 per tenant plus an additional $3,100 to senior or disabled tenants or households with children;

13. The landlord seeks to withdraw from 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.” Low-income, disabled and elderly tenants evicted for this cause get money for relocation, 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 if the unit is re-rented in the future. More information on these Ellis Act evictions.

14. The landlord seeks in good faith 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 benefits.

15. The landlord seeks to recover possession in good faith 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. (Note: this just cause was added to enable the Trinity Apartments to re-build rent controlled units & is not generally applicable to any other units.)