When can I evict a tenant?
There are 15 specific reasons to evict a tenant in San Francisco. These reasons are listed in Section 37.9 of the San Francisco Rent Ordinance. There are no exceptions to these 15 just cause reasons in San Francisco. However, note that the San Francisco Rent Ordinance does not apply to units built after 1979.

How long does the eviction process take?
In some rare instances, the tenant will vacate upon receiving the initial eviction notice. It is more common however that expiration of the eviction notice and commencement of an Unlawful Detainer lawsuit is necessary to get the tenant out. This process can take anywhere from one to three months, and in some very rare instances longer. Bear in mind that 95% of cases resolve without trial.

Isn't it expensive to do an eviction?
We charge a very reasonable flat rate of $195.00-$250.00 to prepare and serve the eviction notice (depending on the type of eviction) - we use a professional process server to serve the notice. After the notice expires, and the tenant does not vacate, we proceed with an unlawful detainer action (eviction lawsuit). Our hourly rates range from $175.00-$225.00 depending on which attorney is working on your case, and we typically take a retainer of $1,200.00 to start unlawful detainer proceedings. The proceedings can take a little as 3-4 weeks, but typically last around 60 days or more before the tenant vacates.

Typically, the case will resolve at a mandatory settlement conference, wherein the tenant will agree to vacate if you give him a little time to find another place to live, or you offer him some amount of money or a waiver of rent in exchange for him to leave without having to go through a trial and pay legal fees for that.

How much can I raise my tenant's rent?
The San Francisco Rent Ordinance places limitations on the amount that you can increase the rent, unless you have a tenant who has lived in a single-family home for less than 10 years or is living in a condominium (there is no rent control in single-family residences for tenancies that began before January 1, 1996). These limitations and procedures for raising rents can be found at the San Francisco Rent Board website at www.sfgov.org/site/rentboard as can other valuable landlord information. Note that if you fail to raise the rent during one or more years, you may still recoup the missed increase(s) in later years, but you will not benefit from the compounding effect of keeping up with annual increases.

Do you recommend purchasing form leases and eviction notices?
Although many property owners are quick to run to the stationary store to buy lease agreements and eviction notices, these documents are not sufficient to protect your interests as a landlord in San Francisco, Oakland or Berkeley (cities that have Rent Control Ordinances). We recommend that you obtain updated lease agreements (preferably the PPMA lease) from either the California Apartment Owners Association or the San Francisco Apartment Owners Association for a small fee. Their leases are updated annually, and are reviewed by San Francisco landlord attorneys who are very familiar with the problems that arise for landlords who use inadequate leases.

We recommend that you have a qualified San Francisco attorney who specializes in landlord tenant matters prepare all eviction notices that you use. The rent and eviction control laws are ever-changing, and the pre-printed forms you find in stores and books can become quickly outdated. The expense of having an attorney draft the notice is easily outweighed by the expense you could incur by serving a bad eviction notice!

Can I force my tenants to carry renters' insurance?
The short answer is no. However, you can place a provision in your lease agreement advising the tenant to obtain renters' insurance. Note that you are not responsible for damage to your tenants' personal property unless the damage was caused by your negligence. However, tenants will often attempt to recover money from the landlord for the losses they suffer in burglaries or natural disasters. By placing a provision in your lease agreements requiring tenants to carry renter's insurance, you provide yourself with an additional buffer, but no guarantee, against their claims.

Is there some sort of special insurance I should have as a landlord?
Yes. A simple homeowner's policy is not enough. Beware that you are liable for any damages caused to the tenant and/or their property by your negligence or the negligence of your agent. You must make sure that you have the appropriate coverages to shield your personal assets from a lawsuit brought by the tenant for property damage or wrongful eviction. Many landlords assume they have this coverage, but they do not. We advise that you contact your insurance agent now, before a problem arises and they become reluctant to increase your coverages.

How do I handle my tenant's security deposit after they vacate?
Under fairly recent State law, landlords are required to give tenants the opportunity to have a pre move-out inspection in which you provide the tenant with a list of any and all items that you intend to deduct from the security deposit. You must then afford the tenant an opportunity to repair those items. However, any damages that cannot be seen at the pre move-out inspection (because they are hidden behind or under furniture or because they did not exist at the time of the inspection) can still be deducted from the deposit. NOTE: You have 21 days after the tenant vacates to return any unused portion of the deposit, and you are required to provide the tenant with receipts, invoices or price lists (if available) for any labor or materials purchased and deducted from the security deposit.

The landlord questions below were articles we have written for the San Francisco Apartment Magazine.

A tenant in my upper flat recently ran water in the sink for over an hour, flooding the lower flat. The tenant has no renter's insurance; can I charge him my $1,000.00 insurance deductible?
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If a tenant has already signed a lease, but decides that they no longer want it, and don't move in, are the tenants still legally responsible for rent payments?
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If a unit remains occupied by a tenant, but is slightly damaged from a disaster, can a landlord continue to charge the full rent?
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We have some units with laundry equipment in them and have recently experienced a huge spike in our water bills. Can we pass these increases on to the tenants or remove the equipment?
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Would you go over the Proposition 65 requirements for proper posting of signs in or around apartment buildings?
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My tenant has refused to pay a rent increase. How can I get her to do so?
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A tenant of mine had her apartment checked for asbestos and lead because she has young children. Her inspector found asbestos and lead and now my tenant is demanding that I fix these hazardous conditions. Must I comply with my tenant's demands?
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Tenant lost her keys along with her ID, address and other identification. Our multi-unit building has special security locks on the front door. If we feel it is necessary to replace the lobby keys for all tenants, who should pay for this?
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