WHAT WE TYPICALLY EVICT TENANTS FOR:

1. Nonpayment of Rent:

Perhaps the most common type of eviction, nonpayment of rent (NPR) actions arise when the tenant has not paid all or a portion of the rent due. NPR actions are commenced by service of a “Three Day Notice to Pay Rent or Quit.” The notice must state the exact amount of rent due (understatements valid, but overstatements of any amount void the notice). The notice must also give the tenant an opportunity to pay the rent within three days. Only if the tenant does not pay within three days, and fails to surrender possession of the rental unit, can the owner file an eviction action in the superior court. Common defenses to NPR actions are: (1) the rental unit has “habitability problems,” meaning the landlord has allowed conditions to deteriorate and has not kept up with maintenance and repairs; (2) the owner refused to accept a timely payment of rent; or (3) the notice overstates the amount of rent due.

2. Nuisance:

This type of eviction action may be brought when the tenant, or the tenant’s guests, has engaged in unlawful or disruptive behavior that has interfered with other tenants’ peaceful enjoyment of their homes. In some instances, the conduct may also have resulted in citations from law enforcement officials, such as the police department. Drug dealing is, by definition, a nuisance. Nuisance evictions are commenced by serving a “Three Day Notice to Quite.” Usually, the tenant is not permitted to “cure” the offensive conduct, and must vacate within three days. Owners should have their “proof of nuisance” well documented; for example, there should be witnesses, police reports, photographs, and other means to show a jury that the tenant is guilty of a nuisance.

3. Breach of Lease Covenant:

Sometimes, a tenant will breach a provision of the lease agreement, such as brining in a new roommate without the prior consent of the landlord, or parking in the wrong spot in the garage. An owner may serve a “Three Day Notice to Cure or Quit” based on a breach of lease covenant. The notice must specify what lease provision is being breached, and what the tenant must do within three days to cure the problem. Typically, the breach of covenant should involve a significant requirement of the lease; trivial breaches, on the other hand, will usually not support an eviction. It is also recommended that the owner write warning letters to the tenant requesting compliance before resorting to service of a formal eviction notice.

4. Habitual Late Payment of Rent:

When the tenant repeatedly pays rent late, or with rent checks that bounce, the owner may terminate the tenancy by serving a 60-day or 30-day notice to quit (30 days when the tenant has been in occupancy less than one year, and 60 days when the tenant has been in occupancy for more than one year). It is critical that the owner have warning letters advising the tenant to pay rent on time. In other words, the termination notice comes after the tenant has been warned, on more than one occasion, to stop paying rent late. Usually, absent a lease provision to the contrary, the eviction notice can be served if the tenant paid rent late more that 4 or 5 times in the preceding 12-month period of time.

5. Owner/Relative Move-In (“OMI”):

When an owner of record, or the owner’s qualified relative (parent, grandparent, children, grandchildren) desires to move into the rental unit, and is acting in “good faith, with honest intent, and without ulterior motive,” the tenancy can be terminated by either a 60 or 30 day notice (see above). In San Francisco, there are many requirements for OMI evictions, and the eviction notice must provide the tenant with substantial information and disclosures. The owner or relative must also live in the unit for 36 consecutive months after the tenant departs, and occupancy should usually begin 3 months after the evicted tenant departs.

6. Illegal Unit Removal:

When an owner wants to remove an illegal unit (a unit built without permits from the City), the tenant is given a 30 or 60 day notice of termination. Before this notice can even be served, the owner must have secured all of the required permits from the Department of Building Inspection. The removal is permanent, meaning the owner cannot decide later to re-rent the illegal unit. Also, the owner is required to demolish the illegal unit once the tenant vacates.

7. Rehabilitation Work:

The owner can make a tenant leave the unit for 2 or 3 months while the owner performs major rehabilitative work on the rental unit. These types of evictions are temporary, in that the tenant is allowed to move back in once the work in completed. The owner must have secured all of the required permits before serving the eviction notice, and the tenant must be given relocation assistance as compensation for moving expenses, storage, and increased rent while living elsewhere.

These seven types of eviction actions represent the most common categories that we do. There are other grounds for eviction in San Francisco. All evictions must be lawful and in accordance with the California Civil Code and Code of Civil Procedure. This means that, after the expiration of a notice, if the tenant has not moved, you must file a lawsuit in superior court. The tenant must be served with this lawsuit, often called an “unlawful detainer “ (“UD”). A tenant has five days to respond to a UD after being served. Tenants sometimes file delay motions, like “demurrers “ or “motions to strike.” These motions prolong the process. Once the tenant answers, the UD is “at-issue,” meaning the court will set it for trial (usually in about 20 days from the date the owner files the at-issue memorandum). Trial is usually by jury and can take up to two weeks in complex cases. Eviction actions therefore have the potential to be very costly.

In addition, if the tenant wins, the landlord may be liable to pay the tenant for his attorney fees and court costs if the lease so provides. More importantly, the San Francisco Rent Control Ordinance allows a tenant who wins a UD to sue the landlord for attempted wrongful eviction. These lawsuits allow the tenant to recover all damages (attorney fees, court costs, emotional distress, etc.), and to automatically have these damages trebled (for example, if the tenant can prove $10,000 in damages, the court must treble the amount to $30,000). Therefore, it is always a good idea to have insurance coverage to insure against these types of lawsuits. We can advise you about this additional coverage, as well as what you might expect from a UD action in terms of defenses and possible outcomes.

A tenant can only be forcibly evicted by the Sheriff. Thus, if the landlord wins the UD, the Sheriff is instructed by the superior court to evict the tenant. The tenant can usually get an extension of time to stay in the rental unit (one week is the most common extension). Sheriff evictions occur on Wednesday mornings in San Francisco. Only the Sheriff can perform this task, and only after the Sheriff has performed the eviction can you change the locks. Obviously, if the tenant voluntarily departs before then, the Sheriff’s eviction is unnecessary.

PLEASE DO NOT ATTEMPT AN EVICTION IN SAN FRANCISCO WITHOUT THE ASSISTANCE OF LEGAL COUNSEL. THE SAN FRANCISCO APARTMENT ASSOCIATION MAINTAINS A LIST OF QUALIFIED ATTORNEYS THAT CAN HELP YOU WITH THIS PROCESS.

WHAT TYPE OF LEGAL WORK WE DO:
 

1. Unlawful Detainers:

We represent landlords when they have problems with their tenants.

2. Civil Defense:

We represent clients who have been sued, either by previous/current tenants, or by other claimants. We have represented property management firms sued for fraud and breach of fiduciary duties. We have represented individuals sued for wrongful eviction. We have represented people sued by their neighbors over boundary disputes and easement issues. We have represented leasing companies sued for breach of contract. We have also represented real property owners at the San Francisco Rent Board, as well as doctors before the Medical Board, and real estate professionals before the Department of Real Estate.

3. Civil Prosecution:

We prosecute eviction actions. We also prosecute breach of contract and breach of lease actions. We have successfully brought to jury trial cases under the Fair Employment and Housing Act. We also represent people in personal injury cases. We currently represent large and small companies in pursuing claims against individuals and other businesses.

4. Criminal Defense:

We represent persons charged with misdemeanor and felony counts. Some of our cases have included defense of persons charged with rape, acts of terrorism, driving under the influence, and felony possession of narcotics.

5. Transactional:

We draft residential and commercial leases. We draft homeowner association documents. We have a small estate planning practice. We also draft a variety of real estate and business documents for individuals as well as property management companies.

Our rates are competitive. The senior attorneys bill at $250.00 per hour. The associate attorneys typically bill at $225.00 per hour. The legal assistant bills at $80.00 per hour. Our objective is to attain the client’s bottom line: a successful result at the lowest cost. To this end, we encourage clients to seek alternatives to litigation when possible. We are always cognizant of the fact that a victory is a defeat when the client spends large sums to achieve a result of little importance. We do not seek to bankrupt the client in order to achieve a profit; therefore, every strategic decision is considered against the benefit to the client versus the costs that will be incurred.