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 must first serve a three-day notice to pay or quit [move out]. Only then, if the tenant does not pay, may the landlord begin an eviction or unlawful detainer action. However, non-payment of rent does not automatically lead to an eviction. There may be good reasons for failure to pay rent under the law. In addition, the law provides that relief from the forfeiture of lease may be granted in certain circumstances.
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 or contact us online to discuss your situation. We may be able to save your home.
Receiving a Three-Day Notice
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.
Eviction Defense — Options Are Available
At the Law Offices of James Coy Driscoll, we understand that in many cases, there are legitimate reasons why rent was not paid. We explore options when defending clients against eviction or non-payment of rent actions. The following are options that may be available in such a case:
- If a unit is not up to building and housing codes, the tenant may not be liable for the full amount of the rent.
- A relief from forfeiture may be obtained. This would allow the tenant to stay in the rental property provided he or she can prove that 1) an eviction would cause hardship, 2) that rent could be paid, and 3) that the conditions of the lease will be met in the future.
If you have been served an eviction notice, contact our law office immediately. We can discuss with you ways to attempt to prevent an eviction.
The Law Is a Powerful Tool
We believe that the law can be a powerful tool for protecting the rights and homes of renters. Lawyer James Coy Driscoll 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.
Since 1991, 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, and many are on fixed incomes. To avoid being evicted and losing what you have worked for, call us. We will fight for your rights and your home.
Contact Us
For a consultation regarding a non-payment of rent eviction notice or other landlord-tenant matter, call (415) 673-6000 or contact us online. The initial telephone consultation is free of charge.
