by Michael Papuc

Attorney at Law

44 Montgomery Street, Suite 2405

San Francisco, CA 94104

415-773-1755

 

Michael Papuc represents landlords and tenants in San Francisco eviction proceedings.

Landlords in San Francisco who enter agreements with the San Francisco Housing Authority to provide a tenancy to low income tenants have to go through specified procedures to evict the tenant for nuisance. 

The landlord must serve a three day notice to quit, specifying the reasons for the eviction, provide a copy to the San Francisco Rent Control Board, and a copy to the San Francisco Housing Authority. 

After the three day period following service, the Landlord must bring an unlawful detainer action against the tenant, and again serve the tenant with the lawsuit.  The tenant has 5 days to respond to the Complaint.  If tenant fails to timely respond, the landlord can obtain a default judgment for possession, and begin eviction proceedings with the Sheriff.   If the tenant timely responds to the complaint, the landlord must submit a memorandum to set the case for trial, and trial is set within 20 days thereafter.  

It is often less expensive and less risky for the landlord and tenant to settle the case, providing the tenant a specified time to move out, with the landlord being able to enforce the settlement agreement as a judgment if the tenant does not leave pursuant to time-table agreed upon.

San Francisco Administrative Code, sec, 37.9(a)(3) states:

(a) A landlord shall not endeavor to recover possession of a rental unit unless:

(3) The tenant is committing or permitting to exist a nuisance in, or is causing substantial damage to, the rental unit, or is creating a substantial interference with the comfort, safety or enjoyment of the landlord or tenants in the building, and the nature of such nuisance, damage or interference is specifically stated by the landlord in the writing as required by Section 37.9(c).

These cases will need to be proven with testimony from other tenants, police reports, testimony from police officers, and anyone with knowledge of the conduct of the tenant causing the nuisance.  If the landlord cannot prove his or her case, the landlord can be subject to wrongful eviction proceedings under the San Francisco Rent Control Ordinance.