Renter's Eviction Rights in San Francisco
Renters in San Francisco are protected under tenant law. Only under certain conditions can a landlord evict you, but even then, he has to comply with specific time lines. If he is under a Notice of Violation, he cannot force you to move out or pay rent. If he evicts you so he can move into your unit, you're protected by San Francisco law.
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History of Eviction Rights
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The Housing Rights Committee of San Francisco was formed in 1979 after a group of senior citizens began working together to fight condominium conversions that were leaving the elderly tenants without housing alternatives, according to the Housing Rights Committee of San Francisco.
Presently, the Housing Rights Committee assists more than 5,000 renters a year, advising them of their rights.
Definition of Renter's Eviction Rights
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Tenants can only be evicted "for cause," meaning you have certain rights your landlord has to respect as he starts the eviction process.
Under San Francisco law, eviction is a legal process that your landlord is required to follow as he starts working to make you move out.
You have the right to receive notice of eviction in writing and through a legal court summons, according to the Housing Rights Committee.
Because this is a legal process, if you lose, the only person who is legally able to force you to leave the unit is the sheriff, according to the San Francisco Tenants Union.
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Your Rights as a Tenant
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You have specific rights as a tenant living in a rental unit in San Francisco. Because of the work the Housing Rights Committee and the San Francisco Tenants Union have done, you are legally able to demand that your landlord provide written notice of an eviction.
You have to be represented at the eviction hearing by an attorney during the settlement agreement if you decide to waive or give up your rights under the San Francisco rent ordinance (37.10A(g)), according to the Housing Rights Committee.
Basics of Eviction
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If your landlord decides to evict you, he must give you a written three-day or 60-day notice. If you have lived in your unit for less than one year, you have the right to a 30-day eviction notice. You have the right to "cure" or correct conditions leading to the three-day notice -- these include being late on the rent.
You have the right to stay in your unit past the expiration of the three-day period. If you choose to stay, your landlord has to file legal paperwork to start the legal eviction process.
If your landlord files the second eviction notice ("unlawful detainer"), you have the right to receive a "Summons and Complaint for Unlawful Detainer." You have the right to a hearing on this notice, but you must respond to the summons within five days or you will lose that right. The five-day count starts on the day after you receive your notice; holidays and weekends count, but the five-day period can't end on a holiday or weekend, according to the San Francisco Tenants Union.
Ellis Evictions
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An Ellis eviction exists when your landlord evicts all tenants in your building. He cannot evict only a few tenants in this type of eviction. Ellis evictions happen when the landlord decides to change the use of the property or when they decide to go out of business. Landlords try to use the Ellis eviction to change the use of the property to condominiums or, in the case of a large building, into a mansion.
You can fight an Ellis eviction. If you are 62 and disabled, you have the right to a one-year notice of eviction. Other tenants have the right to a 120-day notice.
You have the right to visit the Rent Board and review the landlord's Ellis filing and the date it was filed.
You have the right to relocation benefits -- as of 2010, this amount, per tenant, is $4,945.46 or $14,836.35 per unit, plus $3,296.98 for tenants who are disabled senior citizens, according to the San Francisco Tenants Union.
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References
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