San Francisco Requires Tenants to Be Warned 10 Days Before Eviction Proceedings, Landlords File Lawsuit | Patch Coblentz Duffy & Bass

On March 14, 2022, a new eviction arrangement went into effect, changing San Francisco’s administrative code to require landlords to provide residential tenants with 10 days written warning and an opportunity to heal before initiating eviction proceedings for “just cause.” “Just cause” for eviction includes non-payment of rent, breach of material lease, serious nuisance, unlawful use of premises, and denial of certain landlords access to premises.

Just over a week later, the San Francisco Apartment Association and San Francisco Institute Smallholders filed a lawsuit challenging the validity of the order. The San Francisco Superior Court ordered a temporary stay of the 10-day notice requirement pending resolution of the lawsuit. A hearing is set for May 17, 2022.

If the order is upheld, the 10-day notice must describe the alleged violation and warn that failure to remedy within ten days may result in eviction proceedings being initiated. The amendment to San Francisco Administrative Code Section 37.9 states that the rent commission will prepare a notice form for landlords to use.

There would be several exceptions to the 10-day notice requirement: first, any longer notice and processing period agreed to in a rental agreement or otherwise applicable would supersede the ten-day notice requirement; second, the ten-day notice would not apply where the landlord requests eviction due to an imminent risk of physical harm to persons or property; and third, the ten-day notice would not apply to evictions based on non-payment of rent or other amounts due between March 1, 2020 and March 31, 2022, as these procedures are governed by COVID-19 law. 19 Tenant Relief Act of the State. (SB-91) and generally require 15 days notice.

According to San Francisco Chronicle, the local ordinance is the first in California to mandate such a warning period and opportunity to resolve a dispute before formal eviction proceedings. The stated purpose of the law is to eliminate confusion about how long a tenant’s misconduct must continue before it becomes cause for eviction, and to provide a reasonable time for the tenant to correct a breach, thereby reducing undue hardship experienced by tenants who face sudden evictions and promoting economy in the use of court resources.

We will continue to provide further updates as they become available.