The Benefits of Having a Tenant Lawyer on Your Side…
Tenant Eviction Lawyer in San Francisco, California
A Quick Guide to Evicting a Tenant
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Whether you're dealing with a landlord-tenant dispute or addressing a real estate concern in California, our San Francisco real estate attorneys are here to protect your rights.
Legal Grounds for Evicting a Tenant
What are Valid Reasons for Eviction in San Francisco, CA.?
Eviction limitations are imposed on landlords who hold properties subject to the San Francisco Rent Ordinance. A landlord must have 1 of 16 “just causes” for an eviction if they want to terminate a renter’s tenancy. Notice requirements range from three days to a year, depending on the reason for evicting the renter. To ensure that a termination notice is legitimate and proper, get in touch with our experienced San Francisco tenant eviction lawyers at Steven Adair MacDonald & Partners, PC, In California, you may be entitled to file an unlawful detainer (eviction) lawsuit to get a court order compelling your tenant to vacate, if he or she:- Consistently fails to pay rent on time
- Failure to remediate a lease or rental agreement.
- Causes property damage.
- Becomes a serious nuisance or interferes significantly with the landlord or other tenants in the building.
- Failure to renew lease with the same duration and same terms.
- Makes unauthorized or illegal use of the property.
- Upon the departure of the master tenant, the renter retains an unauthorized subtenant.
Common reasons for no-fault evictions
Lndlords can still have grounds for eviction that may be unrelated to tenant conduct. There are more limitations imposed on evictions carried out at the landlord’s discretion. Here are the most common reasons for no-fault evictions:- Owner and relative move-in
- Demolition
- Substantial unit renovation and capital improvements
- Evictions Under the Ellis Act. The Ellis Act is a state statute that was enacted to preserve a landlord’s ultimate right to exit the rental market. To invoke the Ellis Act to evict a tenant, the owner must cease being a landlord in the building or property.
How to Evict a San Francisco Tenant
After establishing reasonable cause, it is the landlord’s duty to follow protocol and set of strict regulations in order to evict the tenant. The following are the general procedures in evicting a tenant in San Francisco:- Hire a tenant eviction lawyer. Acquiring the services of a legal expert who can guide you through a variety of frequent landlord tenant disputes and how to handle them can save you from committing eviction mistakes. .It is strongly advised that you consider hiring a landlord eviction attorney to defend you in a San Francisco eviction case if you decide to take the matter to court.
- Serve an eviction notice. The landlord issues a written Notice to the renter to accomplish something by a certain date. The purpose of this notice is to explain why you wish to evict the renter.
- File a court case. If the tenant fails to comply with the notice by the deadline, the landlord may launch an eviction proceeding. When the complaint form is properly filed, a summons is given to the renter, who has 5 days to answer.
- Request court date. The court date is usually established between 2-3 weeks from the date you requested it.
- Go to court. The court will hear from both sides during your eviction trial and rule on whether your renter must move out and pay you money if you requested it in your complaint.
- Follow the judge’s decision. If the judge rules that you have the authority to evict your tenant, you can request paperwork instructing the sheriff to evict the tenants. The sheriff will publish a Notice to Go, giving the renter enough time to vacate.
How Tenant Eviction Lawyers Help Landlords
For varying reasons, most landlords who only operate a few rental properties rarely have a legal staff member on their team. When you own a small rental business, you have no need for constant meetings with a lawyer. Many landlords have attempted to evict tenants on their own, with promising results. However, there are times when you need a lawyer, and it is crucial to identify those circumstances, even if it is just for some counsel. Steven Adair Macdonald & Partners, P.C. can help you in your eviction case, particularly if you are facing these issues:- This is your first eviction.
- The tenant has retained the services of a lawyer to contest the eviction.
- The tenant is a former employee of yours.
- The tenant declared bankruptcy.
- You have not followed the rules for eviction under rent control or a housing program.
Real Estate Disputes?
Whether you're dealing with a landlord-tenant dispute or addressing a real estate concern in California, our San Francisco real estate attorneys are here to protect your rights.
Call our San Francisco Tenant Eviction Lawyer Now!
At Steven Adair MacDonald & Partners, P.C., our San Francisco real estate law attorneys resolve legal disputes for home buyers and sellers, commercial and residential property owners, tenants, and land developers. Our real estate cases take place in Superior Court or arbitration in the counties throughout the San Francisco Bay Area. Evictions take time and may be distressing for both new and experienced landlords. Help on any of the concerns highlighted in this article is just a phone call away. Help us help you with any landlord-tenant disputes. Contact our esteemed San Francisco tenant eviction lawyer today!Latest Posts
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“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.”
Steven Adair MacDonald
& Partners, P.C.
& Partners, P.C.
There are two sides to every story —
let yours be heard.
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