SF Rent/Eviction Control
If you are a LL in SF and you are not familiar with SF rent/eviction controls..I suggest you get so immediately...here's just a taste:
In San Francisco, rent controlled tenants (most tenants) can only be evicted for certain "just causes."
The 14 “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).
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 $4,500 per tenant plus an additional $3,000 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 $4,500 per tenant plus an additional $3,000 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 $4,500 per tenant plus an additional $3,000 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 $4,500 per tenant plus an additional $3,000 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.
(San Francisco Administrative Code §37.9(a))
There's two important legal changes for no fault evictions (owner move in, capital improvements, demolition and substantial rehabilitation). First, Prop H, adopted by the voters in November, provides for $4,500 per tenant in relocation benefits, plus an additional $3,000 for senior or disabled tenants or families with children. Prop H is retroactive to August 10. 2006 so any eviction notices issued now are due this relocation
