Understanding Eviction

San Francisco Bay Area Eviction Defense Attorney

James Coy Driscoll represents tenants who are threatened with eviction or who have been evicted from their homes or businesses. Our firm is located in San Francisco and serves all neighborhoods and communities throughout the San Francisco Bay Area.

At the Law Offices of James Coy Driscoll, we have had great success in defending eviction lawsuits (called unlawful detainers). We have extensive experience with alleged owner move-in and Ellis Act evictions.

Renters benefit from San Francisco’s tenant friendly laws. Both California and San Francisco law provide protection for tenants. Almost all evictions must be done by the sheriff and only after a court has decided that an eviction is proper. Self-help evictions by landlords are almost always illegal.

The San Francisco Rent Ordinance is very specific about when a landlord can evict a tenant from the apartment. There are 14 reasons why a landlord can evict a residential tenant in San Francisco. These include:

Non-payment of Rent
The most common reason for an attempted eviction is for failure to pay rent. Before a tenant can be evicted, the landlord must first give the tenant three days' notice that the rent is past-due and request payment. We can also investigate grounds for defense of a non-payment eviction, such as defects in the condition of the unit or the building.

Owner Move-In
An eviction based on an owner move-in is valid only after certain requirements have been met. In most cases the landlord must give the tenant at least sixty days' written notice of his intent to move in. The notice must also advise the tenant of other residential realty owned by the landlord. The landlord must pay the tenant a sum in excess of $2,250.00 at the time of the notice and again at the time the tenant moves out. Other restrictions apply as well.

Ellis Act
Landlords can attempt to withdraw their units from residential rental use pursuant to a law called the Ellis Act. The Ellis Act is a state law allowing a residential landlord to take an entire building out of residential rental use. Again, there are strict requirements that the landlord must meet before he can evict tenants under the Ellis Act.

For more information about these eviction issues or any other landlord-tenant problems you have, contact the Law Offices of James Coy Driscoll. Our eviction defense lawyers can help you stop your eviction proceeding.

For a consultation with the Law Offices of James Coy Driscoll, call (415) 673-6000 or contact us online. The initial telephone consultation is free of charge.