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Tenant Eviction Lawyer in San Francisco, California

A Quick Guide to Evicting a Tenant

California Tenant Eviction Lawyer

Leasing out your property is a simple way to generate income without having to do much work. Unfortunately, this is not all rainbows and butterflies. It also tackles the negative aspects of business such as eviction, a process no landlords want to go through. All landlords wish to get ideal tenants who pay on time and are easy to get along with. However, there are occasions when they have to deal with troublesome tenants. Whether you’re a tenant or a landlord, it pays to know what is right under the law when it comes to eviction. Understanding the legal eviction process is not an easy task. There are situations when landlords have simply had enough of their disruptive tenants. If you’re a landlord who’s uncertain about the do’s and don’ts of evicting a tenant, our trusted San Francisco tenant eviction lawyer at Steven Adair Macdonald & Partners, P.C. can help you go through the key reasons you can use to get them out of your way.

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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

San Francisco tenant eviction lawyer
To protect the rights of both the landlord and tenant, policies on rent control and regulation are implemented under the San Francisco Rent Ordinance. A landlord must have “just cause” to remove a tenant from a rental unit covered under the Rent Ordinance. It is important to note that the simple expiration of a rental agreement or a change of ownership does not constitute “just cause” for eviction. If you need to evict a tenant, hire an attorney that is experienced in representing landlords and has eviction experience. One blunder might send you back to the beginning of the eviction process. Get in touch with our San Francisco tenant eviction lawyer to discuss your case today.

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.
Evictions are inconvenient, costly, and potentially dangerous. As a landlord, you must be aware of the eviction laws and standards in your area. When you believe it is time to ask a tenant to leave, seeking legal counsel from someone well-versed in San Francisco real estate law may be both practical and necessary.

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:
  1. 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.
  2. 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.
  3. 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.
  4. Request court date. The court date is usually established between 2-3 weeks from the date you requested it.
  5. 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.
  6. 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!
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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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