If you are a landlord looking to evict a tenant, you must adhere to legislative protocols during the process. If you are a tenant facing an eviction, you’ve got rights. Exactly how comprehensive the procedures and how powerful the rights are determined by where you reside. While California has relatively tough laws, the City of San Francisco ups the ante in several areas.
Types
When a landlord moves to evict a tenant, he should provide either a three, 30 or even 60-day notice. In California, a landlord can finish a month-to-month tenancy with 30 days’ notice for tenants who have been in their units less than a year and 60 days’ notice for the other tenants. Some towns, however, just allow”just cause” evictions. Typically, according to the San Francisco Tenants Union, 30- and 60-day notices are reserved for eviction reasons out of a tenant’s control. As an example, a landlord must send a 30- or 60-day notice if he plans to move in the tenant’s unit. Three-day finds are sent for”curable” crimes, such as nonpayment of rent.
Service
If you are a landlord, you must properly serve eviction notices for them to maintain legal integrity. Tenants facing flooding by means of a three-day notice in California should expect to be served in one of 3 ways. A landlord can serve her tenant notice personally at home or work. If the landlord is unable to discover the tenant at home or work, the California Department of Consumer Affairs notes that she can serve the notice to another person of”suitable age and discretion” at her tenant’s house or work. Alternately, a landlord can post the three-day eviction notice on her tenant’s door at a”conspicuous” location and email a copy to the rental unit’s address. California law permits the service options for 30- and 60-day finds; however, certified or registered mail with return receipt is also acceptable.
Factors
In certain cities, landlords can’t finish a month-to-month property without invoking a”just cause” San Francisco offers renters a number of the nation’s toughest flooding protections. The San Francisco Rent Board lists the 15 only causes for flooding in the city, as of July 2010. Common issues, such as non or late payment of rent, employing a rental unit for illegal activity, demolition or removal of a device from the rental stock or violation of lease terms, populate the list.
Caution
Landlords in San Francisco must abide by the country and city’s mandated flooding processes or face severe consequences. For instance, San Francisco has clamped down on informal eviction notices. Landlords often cite to tenants, even in passing, that they should consider looking for new home because, for example, the landlord has plans to renovate or move in to the unit at any time. At times, landlords do so to remove an undesirable tenant, such as one under rent control, without having to abide by San Francisco’s flooding laws. These informal warnings are, generally, against the law in San Francisco. If a tenant leaves a device because the result of an informal warning, the landlord must offer compensation and follow other procedures associated with only cause evictions.
Prevention/Solution
Owner or comparative move-ins are a significant source of controversy in San Francisco for ages. The city utilizes strict rules to regulate the process. A landlord, in good faith, according to the San Francisco Rent Board, could evict a tenant if the landlord or her close relative, like a parent, child or grandchild, plans to move to a tenant’s unit. The owner or comparative must move in the unit within 3 months of notice and intend to reside in the unit for three years. Landlords must provide tenants getting an owner move-in flooding notice a similar unit in the exact same building, when available. They must also offer you such tenants a non-comparable unit that they own in San Francisco, if applicable.