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Understanding Eviction

San Francisco Eviction Attorney

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 and the rest of California.

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-ins 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 15 reasons why a landlord can evict a residential tenant in San Francisco. These include:

Nonpayment 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 nonpayment 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 60 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 $5,100, paying half at the time of the notice and the other half at the time the tenant moves out. If the tenant is elderly or disabled, he or she is entitled to an additional sum in excess of $4,100.00. Other restrictions on evictions 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 and substantial payments to the tenants that must be made 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 our tenants' rights attorney online. The initial telephone consultation is free of charge.