BAY AREA EVICTION PROCESS
San Francisco Eviction Process
What is an Eviction?
When people hear the word “eviction,” they typically associate it with the physical act of removing a tenant from their rental property. This is not completely wrong, as the definition of eviction is essentially the court-ordered removal of an individual from the property where they currently reside. However, this is not all that the eviction process entails.
In reality, it is a lengthy and often complex legal process with many steps and factors. It is much more than just the physical act of expulsion from a property.
How Does Eviction Work?
The eviction process begins with the issuing of an eviction notice, often in the form of a Pay or Quit Notice. If necessary, it then progresses into an Unlawful Detainer, which if the judgement is entered in favor of the landlord, would normally be enforced by the local sheriff department. Many people often assume the struggles with eviction begin and end with the tenant. Although it can be hard for a tenant, it can also negatively affect the landlord. The process can last for months and can be costly for the landlord, as well.
Before an eviction is carried out, it is worth a discussion between the landlord and tenant directly, rather than by having the landlord reflexively issue a notice.
Working to find a solution before taking it straight to court can save a lot of time and money for both parties in the long run. If at all possible, it is usually in the best interest of both tenant and landlord to come to an agreement and find a solution together.
Steps to Eviction in San Francisco
Pay or Quit Notice
A Pay or Quit Notice, sometimes referred to a Pay or Vacate Notice, is the first step of the eviction process.
Rather than immediately expelling the tenant, which can only lawfully be accomplished by going to court (please see below), it provides them with specific instructions to adhere to their lease agreement. If they cannot do so within the time limit given in the document, it informs the tenant that the landlord will file a lawsuit to evict the tenant.
In addition, before the notice is sent, landlords should check applicable laws or contact an attorney who represents clients during the eviction process to ensure they have the legal grounds for eviction, as well as that they are providing the correct number of days required for notice, and otherwise complying with applicable law.
It is important that both parties involved (renter and owner) act in a professional manner and comply with federal and state eviction laws. In the case that an eviction is awarded to the landlord, any form of harassment toward the tenant is prohibited. Even if the tenant refuses to voluntarily vacate the property, threats or intimidation to coerce them out is still illegal. Instead, local law enforcement should intervene to formally remove the occupant from the property.
Filing Eviction Forms
If the tenant fails to comply with the lease within the specified number of days, the landlord may file an eviction through the court. To file this form, a Complaint (often for unlawful detainer) and a Summons must be provided.
For tenants served with eviction summons, it is important that you timely comply with the instructions. However, you should also be aware of tenant rights for your state, which are designed to provide protection against any unlawful landlord practices.
Wrongful Eviction Petition
Each tenant’s specific set of circumstances vary, and there’s a limited time in which a tenant must respond to the eviction notice.
Landlords who are unsure of the eviction’s legality should also consult a lawyer.
San Francisco Rent Board
The San Francisco Rent Board will investigate a tenant’s complaint for alleged wrong eviction. the allegation of a wrongful eviction. However, it does not have the power to deem the eviction illegal. Only the courts can make that determination.
If the Rent Board receives an eviction notice that isn’t based on a just cause, the Board will advise the landlord of this.
If a person rents a residential unit in San Francisco, they have legal possession until they choose to give up possession or until the court provides the landlord with an order for possession. Both tenant and landlord have the right to bring the case to a jury. If the tenant wins the case, he or she gets to stay. If the tenant loses the case, the sheriff has the right to remove the tenant from the premises.
Court filings of evictions are sealed for 60 days. If the tenant prevails in the trial, the filing will be sealed permanently. It’s important to note that tenant screening services may report the eviction even if the tenant wins the case.
Removal of Property
If the tenant is required to vacate the property, there will be instructions provided for how to remove belongings from the house or apartment.
By the time the sheriff completes the lockout and removes the tenant from the property, the landlord will have already progressed through the unlawful detainer action and received a judgement for possession.
If a tenant leaves personal belongings behind, the landlord must hold onto the items for 15 days. They must also give the tenant the opportunity to reclaim their belongings at a mutually convenient time.
The landlord is able to move the items and clean the property. However, the landlord must maintain the safekeeping of the items during this 15 day holding period.
After the time frame has expired, the landlord may follow the proper legal protocol.
San Francisco Landlord-Tenant Eviction Attorney
The eviction process can be expensive, time-consuming, and altogether challenging for both landlords and their tenants. If at any point throughout the process of eviction both parties want to reach a settlement outside of court, they may do so.
At Steven Adair MacDonald & Partners, we are skilled in solving disputes like those regarding eviction before they reach court. We often use aggressive negotiation, mediation, or arbitration methods to achieve optimal results for our clients in a cost-effective manner. However, we will not hesitate to go to court to protect our clients’ rights when necessary. Call Steven Adair MacDonald & Partners, P.C. at 415-956-6488 or fill out our online form below to schedule a consultation about your landlord-tenant matter.
Real Solutions for Real Estate Problems
“The truth is, 99 percent of cases do not go to trial. The two sides eventually come to an agreement and settle. We know this from the thousands of cases we have handled. Therefore, we critically analyze our client’s situation to see if we can help them find an agreement earlier rather than later. The difference will mean enormous savings in time and legal fees.
We will do everything in our power to successfully resolve your landlord-tenant case or real estate dispute in as little time as possible. We have the resources to take on complex real estate cases and the size to keep you from becoming more than just a case file.”
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