Eviction Notice in San Francisco.: Volume I. For-Fault Evictions.

Description

This book is a collection of commentaries on elements necessary to consider in issuing an eviction notice in San Francisco. Sufficiency of an eviction notice is a question of failure or success of the entire eviction process. It is not just a piece of the puzzle, it is the fundamental cornerstone. While landlords can fail elsewhere, without a proper notice they may not succeed. It is even more so in the City and County of San Francisco, a municipality with an enforced eviction control, where the local ordinance dictates what properties and what kinds of eviction are regulated on the county level, and what is required of an eviction notice to be enforceable. Drafting a notice is the eviction's first step, and it should be done right. This book educates on how to find-or better, avoid-common mistakes made by the notice drafters. The material is equally useful in defense, helping to identify noncompliance in someone else's notice. The author hopes its readers will enjoy the book. This is the first installment, it covers requirements for eviction notices issued for "for-fault" evictions, the first nine "just causes" available under the San Francisco eviction ordinance. Next publication will address the "no fault" evictions. CONTENTS: INTRODUCTION What This Book Is About, An Eviction Notice In San Francisco What This Book Is Not About EXEMPTIONS FROM THE EVICTION CONTROL Tenancies Fully Exempt Tenancies Partially Exempt Tenancies Not Exempt GENERAL PREREQUISITE—LANDLORD-TENANT RELATIONSHIP TYPES OF THE NOTICE I. COMMONLY REQUIRED NOTICE ELEMENTS A. Property Description B. Parties C. Grounds For Termination D. Expiration Of The Notice E. Contact Information F. Statement Of Good Faith G. Statement Whether This Notice Supersedes Other Notice H. Date And Signature I. Information About The Rent Board J. Notice Of Abandoning Personal Property K. Notice About Tenant’s Option To Request Initial Inspection L. Notice Of Debtor’s Rights M. Notice In Other Languages N. Additional Requirements For Government Subsidized Tenancies O. Anything Else? SERVICE OF NOTICE NOTICE ELEMENTS FOR PARTICULAR JUST CAUSES II. FOR FAULT EVICTIONS 1. Non-payment of rent. SFRO § 37.9(a)(1)(A) 2. Late payment of rent. SFRO § 37.9(a)(1)(B) 3. Frequent payment with bad checks. SFRO § 37.9(a)(1)(C) 4. Violation of a lawful obligation or covenant of a tenancy. SFRO § 37.9(a)(2) 5. Nuisance, causing substantial damage, or creating a substantial interference with the comfort, safety or enjoyment of the property. SFRO § 37.9(a)(3) 6. Using a rental unit for an illegal purpose. SFRO § 37.9(a)(4) 7. Failure to renew a terminated lease. SFRO § 37.9(a)(5) 8. Refusing access to a rental unit. SFRO § 37.9(a)(6) 9. Possession of a unit by a tenant not approved by a landlord. SFRO § 37.9(a)(7) III. NO FAULT EVICTIONS Common Elements And Definitions For Non-Fault Evictions P. Absence of an opportunity to cure, or a statement in the alternative, election of forfeiture, inability to collect for pretermination rent Q. No need to follow up with another notice, except for claiming unpaid rent, or when the termination was for a temporary relocation R. Timing issues S. Compensation to tenants T. Vacancy decontrol U. Statement Of Lawful Rent Due V. Landlord’s contact information, mandatory for no-fault notices W. Statement regarding abandoned personal property X. Service on subtenants and other occupants Y. Disclosures for the protected status of a household with a child, or an “educator” Z. Anti-Merger Prohibitions 10. Owner moving in (OMI). SFRO § 37.9(a)(8)(i) 11. Relative moving in (RMI). SFRO § 37.9(a)(8)(ii)