Non-Payment of Rent

San Francisco Bay Area Tenants' Rights Attorney
Non-Payment of Rent Evictions

A basic responsibility of a tenant is to pay rent to the landlord. When a tenant fails to do so, the landlord can begin an eviction or unlawful detainer action. But, non-payment of rent does not automatically lead to an eviction. There may be good reasons for failure to pay rent under the law.

The Law Offices of James Coy Driscoll fights to prevent evictions. We use the law to prevent landlords from unfairly evicting tenants. Call us at (415) 673-6000 to discuss your situation. We may be able to save your home.

Protecting Your Rights and Your Home in a Non-Payment of Rent Eviction

In the case of non-payment of rent, a landlord must provide a three-day written notice to the tenant demanding the unpaid rent. The three days are calculated by counting three calendar days (not business days), starting with the day after the notice is served. The last day to act under the notice must be a business day (not a Saturday, Sunday, or legal holiday). For example, a three-day notice served on a Friday would have to be acted upon by the following Monday, unless Monday was a legal holiday, in which case, by the next day, Tuesday.

Once the notice has expired, the landlord must still go to court and win before he or she can evict a tenant.

In many cases, there are legitimate reasons why rent was not paid. If a unit is not in tenantable condition, meaning that it fails to meet housing codes, you may not be liable for the full amount of the rent. If you have been served an eviction notice, immediately contact the Law Offices of James Coy Driscoll. We can discuss with you ways to attempt to prevent you eviction.

The Law Is a Powerful Tool

Attorney James Coy Driscoll believes that the law can be a powerful tool for protecting the rights and homes of renters. Our firm has succeeded in preventing eviction in numerous cases involving non-payment of rent, building code violations, building conversions (Ellis Act), and other tenant lease matters.

For 15 years, we have fought to protect the homes of clients and to force landlords to comply with rent control and building code laws in San Francisco, Oakland, Berkeley, and elsewhere in the Bay Area. Let us use our experience to help you.

Call Us As Soon As Possible

The sooner we get working on your case, the easier it will be to protect your rights and home. As soon as you receive a Notice to Quit (three-day eviction notice) or a Notice of Termination of Tenancy (30- or 60-day eviction notice), contact us. This can give us the time we need to investigate the circumstances and develop a basis for challenging your landlord's action.

Many of our clients have worked hard all their lives to maintain a standard of living in our expensive city. To avoid being evicted and losing what you have worked for, call us. We will fight for your rights and your home.

For a consultation with the Law Offices of James Coy Driscoll regarding a non-payment of rent eviction or other landlord-tenant matter, call (415) 673-6000 or contact us online. The initial telephone consultation is free of charge.


Serving clients in the San Francisco Bay Area, including Oakland, Berkeley, the Peninsula, and the San Francisco neighborhoods of the Richmond District, Laurel Heights, the Fillmore, Western Addition, Japantown, Cow Hollow, the Marina, Pacific Heights, Russian Hill, Embarcadero, North Beach, Chinatown, Nob Hill, the Tenderloin, Civic Center, Hayes Valley, South of Market, Mission Bay, Potrero Hill, Bayview, Hunters Point, Visitacion Valley, Excelsior, Bernal Heights, Glen Park, Noe Valley, Mission, the Castro, Cole Valley, Haight Ashbury, Twin Peaks, Diamond Heights, West Portal, Ingleside, Oceanview, Parkmerced, and the Sunset District.

San Francisco County, San Mateo County, Santa Clara County, Alameda County, Contra Costa County, Solano County, Napa County, Sonoma County, Marin County and other Northern California counties

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