Mayor London Breed Expands the Eviction Moratorium Related to COVID-19

On March 13, 2020, the Mayor of San Francisco ordered a Temporary Moratorium on evictions for non-payment of rent for tenants impacted by the COVID-19 emergency. Under the Temporary Moratorium on evictions, a landlord cannot evict a tenant if all these requirements are met:

  1. The rental payment first became due on or after March 13, 2020;
  2. The tenant was unable to pay rent because of financial impacts related to COVID-19;
  3. The tenant notified the landlord within 30 days of when the rent was due that the tenant is unable to pay due to financial impacts related to COVID-19; AND
  4. Within 7 days after notifying the landlord, the tenant provides documentation or other verifiable information that the tenant is unable to pay rent due to the financial impacts of COVID-19.

On March 18, 2020, the San Francisco Superior Court stayed all actions of unlawful detainer cases (eviction lawsuits) for 90 days, except those resulting from violence, threats of violence, or health and safety issues, and ordered that the period from March 18, 2020, through April 15, 2020 is deemed a court holiday for purposes of computing time under Code of Civil Procedure Section 1167, with the exception of unlawful detainer cases resulting from violence, threats of violence, or health and safety issues.

On March 23, 2020, Mayor Breed amended the temporary moratorium on evictions to: 1) clarify that it also applies to rental units that are exempt from the Rent Ordinance because the tenant’s rent is controlled or regulated by the City; 2) to allow tenants to obtain extensions due to expenses that are non-medical in nature; 3) to modify the notification and timing procedures that apply when a tenant requests an extension; 4) to extend the eviction moratorium to most other types of evictions (not including evictions related to violence, threats of violence, health and safety issues, or the state Ellis Act unless authorized by the Governor or State Legislature), provided the effective date of the notice of termination of tenancy would fall within 60 days after the Mayor’s Executive Order expires or is terminated; and 5) instructing the San Francisco Rent Board to develop a form that landlords must include with any eviction notice, to notify the effected tenant of the Superior Court Order staying all unlawful detainer cases and the temporary moratorium on evictions. The required form, titled "Notice to Tenant Regarding the Existence of a Temporary Eviction Moratorium due to COVID-19", can be found in the Forms Center. For more information, you may refer to The Mayor's Proclamation Declaring a Local Emergency and Temporary Eviction Moratorium

Additional information and guidance regarding the temporary moratorium on evictions may be obtained by contacting the Mayor’s Office of Housing and Community Development at eviction.moratorium@sfgov.org or by visiting their website at https://sf.gov/departments/mayors-office-housing-and-community-development.