California’s AB 2179 and an amendment to the San Francisco Rent Ordinance means new changes for San Francisco evictions. While the California state rent relief program is now closed for new applications, some California tenants will have a few more months of protection from eviction. However, others may face eviction even if they\u2019re still waiting on rental assistance funds.<\/p>\n
The California legislature passed AB 2179, which extended the eviction moratorium for certain periods of unpaid back rent. The moratorium will now run through the end of June 2022. This is to allow additional time for state funds to be dispersed to all eligible applicants.\u00a0<\/span><\/p>\n It\u2019s important to remember that AB 2179 does not protect all tenants from eviction. To qualify for protection, a tenant must have applied for rental assistance by March 31, 2022, when the state rent relief program closed. But, effective April 1, 2022, landlords can now evict any tenant who does not pay rent going forward, whether it\u2019s due to Covid-19 or not, unless subject to a local eviction moratorium.\u00a0<\/span><\/p>\n Although state rental assistance will help tenants catch up on back rent, tenants must now pay all future rental payments. They must pay their current monthly rent even if they are still waiting on the rental assistance funds from the state. As of April 1, 2022 and going forward, tenants who do not pay their current rent may be subject to eviction for nonpayment of rent.<\/p>\n No. The California rental assistance program ended on March 31, 2022.<\/p>\n An amendment to the San Francisco Rent Ordinance requires landlords to give tenants more time before pursuing most types of fault-based evictions. According to the ordinance<\/a>, San Francisco landlords must provide a tenant a written 10-day warning letter and a 10-day notice to cure before certain evictions. This law has been challenged, as described below.\u00a0<\/span><\/p>\n Before serving a tenant with the state required 3-day eviction notice for certain evictions, San Francisco landlords must provide a 10-day warning period, giving the tenant an opportunity to correct the problems.<\/p>\n The purpose of the San Francisco Rent Ordinance is to provide tenant protections through rent control and eviction control.\u00a0Under the city ordinance, landlords can only raise the rent by specific percentage each year and can only evict tenants for \u201cjust-cause.\u201d\u00a0All residential units in San Francisco fall under the just-cause eviction protections of the San Francisco Rent Ordinance. Regardless of the number of units, or the age of the building, tenants cannot be evicted from their rental unit unless the landlord has a just-cause reason.<\/p>\n The San Francisco Rent Ordinance Section 37.9 (A) lists specific situations where a landlord may have just cause to evict a tenant. In San Francisco, a tenant could be evicted for certain violations where the tenant is at fault, or through no fault of their own.<\/p>\n The law did not state how long a violation must continue before it becomes a \u201cjust cause\u201d for eviction. Does a tenant\u2019s conduct create an immediate \u201cjust cause\u201d? If the tenant makes an honest mistake, or has the ability to correct the problem, should there be an alternative to eviction?<\/p>\n Before the amendment, the landlord could start the no fault eviction process after three days \u2014if the tenant did not vacate or come up with the money. The amendment gives the tenant more time to correct the violation before facing eviction.\u00a0<\/span><\/p>\n Ordinance No.18-22<\/a> amends Section 37.9 of the San Francisco Rent Ordinance requiring landlords to provide tenants a\u00a010-day\u00a0warning letter and a notice to cure before they can begin the eviction process.<\/p>\n San Francisco landlords pursuing eviction due to non-payment of rent and other fault based evictions must follow the 10-day notice rule. However, there are some circumstances where this does not apply. The new law provides for the following exceptions if:<\/p>\n Before a serving a tenant formal eviction notice, San Francisco landlords must give the tenant a 10-day warning letter to provide an opportunity to cure the violation. Under California Code of Civil Procedure \u00a71161, San Francisco\u2019s newly required warning letter does not replace the formal eviction notice or the requirements of state law. Landlords must provide the \u201ccure\u201d period required by State law in addition\u00a0to San Francisco\u2019s\u00a010-day\u00a0warning period.<\/p>\n The San Francisco Rent Board provides a standard form that landlords may be use to\u00a0 <\/span>provide the 10-day warning, which is located here<\/a>.\u00a0<\/span><\/p>\n In San Francisco, landlords must be aware of eviction notice laws in order to avoid a violation of renter\u2019s rights. In rent controlled areas, wrongful eviction can occur in a variety of ways. Landlords who illegally force a tenant to move out of a rent-controlled unit, can face costly penalties. They can be found liable for the tenant\u2019s moving costs, the tenant\u2019s increased rent, relocation fees, and even emotional distress. Under the San Francisco Rent Ordinance, the damages landlords must pay are tripled. We talk more about the Perils of Wrongful Eviction here<\/a>.<\/p>\nWho Can Be Evicted for Nonpayment of Rent?<\/b><\/h3>\n
What If a Tenant Is Still Waiting For State Rental Assistance Funds?<\/b><\/h3>\n
Can Landlords and Tenants Still Apply for State Rental Assistance?<\/b><\/h3>\n
Change to San Francisco Rent Ordinance Adds 10 Days to the 3 Day Notice to Cure Before Eviction<\/b><\/h2>\n
Landlords Must Provide 10-Day Warning Period for Tenants Facing Eviction<\/b><\/h3>\n
The San Francisco Rent Ordinance<\/b><\/h3>\n
Reasons for Just Cause Evictions<\/b><\/h3>\n
When Does A Tenant\u2019s Violation Become a \u201cJust Cause\u201d?<\/b><\/h3>\n
What are the Changes to the San Francisco Eviction Notice Law?<\/b><\/h3>\n
Exceptions to the New Eviction Notice Rules<\/b><\/h3>\n
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Does the New Warning Letter Replace a Formal Eviction Notice?<\/b><\/h3>\n
Wrongful Eviction<\/b><\/h3>\n
San Francisco Landlords Challenge the 10-Day Notice<\/b><\/h3>\n