San Francisco’s Eviction Protections

Updated 10/24/24

San Francisco is known for having some of the most stringent eviction protections in the country. With new developments in tenant rights and local housing regulations, it’s important for both landlords and tenants to stay informed. This article will cover updates on San Francisco eviction protections and outline key information that landlords should be aware of when navigating this complex landscape.

What Are San Francisco Eviction Protections?

San Francisco’s eviction protections are a set of laws and regulations designed to safeguard tenants from unfair or unlawful evictions. These protections limit the reasons for which a tenant can be evicted and impose various procedural requirements that landlords must follow before starting the eviction process. San Francisco’s Rent Ordinance, which governs these protections, primarily aims to promote housing stability in the face of high living costs and limited housing supply.

For landlords, these protections can be challenging to navigate, as they add layers of regulation and compliance that must be met before attempting to remove a tenant. Staying updated on San Francisco eviction protections is essential for avoiding costly legal disputes and ensuring compliance with local laws.

Key Updates on San Francisco Eviction Protections in 2024

Recent updates to San Francisco eviction protections have continued to expand tenant rights, particularly in light of the ongoing housing affordability crisis and the lingering effects of the COVID-19 pandemic. Below are some of the most important developments that landlords should be aware of in 2024.

Post-COVID Tenant Protections

Although the majority of emergency tenant protections enacted during the COVID-19 pandemic have expired, some elements remain in effect or have influenced new legislation. The eviction moratorium, which previously prevented landlords from evicting tenants for non-payment of rent due to COVID-related financial hardship, officially ended in 2023. However, certain protections related to rent repayment periods and eviction procedures continue to apply.

For example, tenants who were financially impacted by COVID-19 and accrued rental debt during the moratorium period may still have the right to a repayment plan. Additionally, landlords are required to provide proper notice and offer repayment options to tenants before pursuing eviction for rent owed during this time.

Landlords must stay updated on any lingering COVID-related San Francisco eviction protections to ensure compliance, particularly in situations where tenants have rental debt from the pandemic period.

“Just Cause” Eviction Protections

One of the foundational elements of San Francisco eviction protections is the requirement that landlords must have a valid “just cause” reason to evict a tenant. Under San Francisco’s Rent Ordinance, evictions can only occur under specific circumstances, such as:

• Non-payment of rent
• Lease violations
• Nuisance behavior
• Owner move-in (OMI)
• Substantial repairs that require the tenant to vacate

The just cause requirement means that landlords cannot simply evict tenants without providing a legally recognized reason, even if the lease has ended. In cases of no-fault evictions, such as owner move-in or Ellis Act evictions, additional protections and financial compensation may apply.

For landlords, understanding these just cause reasons and ensuring that they meet the requirements before issuing an eviction notice is critical. Failure to adhere to these rules could result in legal action and potential penalties.

Financial Compensation for No-Fault Evictions

San Francisco requires landlords to provide relocation assistance to tenants facing no-fault evictions, such as owner move-ins or Ellis Act evictions. In 2024, relocation payments have been adjusted for inflation, making them more costly for landlords.

For example, when conducting an owner move-in eviction, landlords must compensate tenants with a set relocation amount that increases based on how long the tenant has occupied the unit and whether they are part of a vulnerable population (e.g., seniors, disabled tenants, or low-income households). This payment is intended to help displaced tenants cover the costs associated with finding new housing in an expensive market.

If you’re considering a no-fault eviction in 2024, it’s essential to factor in the additional cost of these relocation payments, which can be a significant financial burden for property owners.

Ellis Act Evictions

The Ellis Act allows landlords to withdraw their rental units from the rental market entirely, effectively evicting tenants in the process. However, in San Francisco, this process comes with stringent requirements. Landlords must provide notice, pay relocation assistance, and cannot re-rent the property for a period of five years.

Additionally, any units that are re-rented after an Ellis Act eviction must comply with rent control regulations, meaning that rents cannot be raised to market rates for tenants who move back in after the five-year period.

For landlords, the Ellis Act can offer a way to exit the rental market, but it is a legally complex process with significant financial and regulatory implications.

Navigating San Francisco’s Eviction Procedures

Evicting a tenant in San Francisco is a multi-step process that requires landlords to follow strict legal guidelines. Failure to comply with these procedures can result in an eviction being deemed invalid, leaving the landlord exposed to legal liability. Here’s a brief overview of the eviction process under San Francisco eviction protections:

• Provide Proper Notice: Landlords must issue the appropriate notice depending on the reason for eviction. For example, a 3-day notice is required for non-payment of rent, while a 60-day notice is necessary for no-fault evictions like owner move-ins.
• Meet Legal Justifications: Ensure that the reason for eviction aligns with the just cause requirements under the Rent Ordinance.
• Comply with Relocation Assistance: If the eviction is no-fault, landlords must calculate and provide the appropriate relocation payment to the tenant.
• File an Unlawful Detainer: If the tenant does not vacate after the notice period, the landlord can file an unlawful detainer lawsuit in court to proceed with the eviction.
• Court Proceedings: If the case goes to court, the landlord must prove that the eviction is lawful. If the court sides with the landlord, the tenant may be ordered to vacate the property.

Landlords must approach this process carefully, as tenants have access to numerous legal defenses under San Francisco eviction protections, and tenant advocates are known for vigorously defending tenant rights.

Pros and Cons of San Francisco’s Eviction Protections for Landlords

While San Francisco eviction protections are designed to safeguard tenants, they also present several challenges and benefits for landlords:

Pros:

• Stable Tenancies: The just cause eviction requirement helps ensure long-term, stable tenancies, which can reduce turnover and vacancy costs for landlords.
• Clear Guidelines: San Francisco’s Rent Ordinance provides clear rules for when and how evictions can occur, which can reduce the likelihood of disputes if followed correctly.

Cons:

• Complexity: The eviction process is legally complex, making it difficult for landlords to navigate without professional assistance.
• Financial Burden: The requirement for relocation assistance and other financial obligations associated with no-fault evictions can be costly.
• Lengthy Legal Process: Tenants often have multiple legal defenses at their disposal, which can extend the eviction process and lead to higher legal costs for landlords.

Understanding and adhering to San Francisco eviction protections is essential for landlords operating in the city’s unique rental market. These regulations are designed to protect tenants from unfair evictions, but they also introduce a range of legal and financial challenges for landlords. By staying informed about the latest updates and working with legal professionals when necessary, landlords can ensure compliance and minimize potential risks. As the city continues to evolve its housing policies, keeping up with these protections will be key to successfully managing rental properties in San Francisco.