Topic No. 202: General Eviction Notice Requirements

An eviction notice is a legal document that terminates a tenancy and tells the tenant to vacate the unit within a specific time frame, usually within 3, 10, 30, or 60 days. An eviction notice may go by different names, including a Notice to Terminate Tenancy, Notice to Vacate, Notice to Quit, Notice to Cure or Quit, or Notice to Pay Rent or Quit. To be legally effective, an eviction notice must be served on the tenant in accordance with state law.

All eviction notices must be in writing and must contain the following, as applicable:

  • The notice must state the “just cause” reason for the eviction, which must be the landlord’s dominant motive for the eviction. Section 37.9(a) of the Rent Ordinance contains the list of “just cause” reasons for eviction.
  • A copy of Rent Board Form 1007 must be attached to the eviction notice. Form 1007 is available in the Forms Center on the Rent Board’s website.
  • A copy of the eviction notice, including any additional documents attached to the notice, must be filed with the Rent Board within ten days following service of the notice on the tenant. Note, however, that 3-day eviction notices based on non-payment of rent need not be filed at the Rent Board.
  • The eviction notice must state the lawful rent for the unit at the time the notice is issued if the basis for the eviction is one of the following “just cause” reasons under the Rent Ordinance: §37.9(a)(8) – owner/relative move-in; §37.9(a)(9) – sale of condominium; §37.9(a)(10) – demolition/ permanent removal of the unit from housing use; §37.9(a)(11) – temporary eviction to perform capital improvement or rehabilitation work; or, §37.9(a)(14) – temporary eviction to perform lead remediation/abatement work required by San Francisco Health Code Articles 11 or 26.
  • If the eviction notice is based on one of the following “just cause” reasons, the landlord is required to give all occupants of the unit written notice of the right to relocation payments pursuant to Rent Ordinance Section 37.9C: §37.9(a)(8) – owner/relative move-in; §37.9(a)(10) – demolition/permanent removal of the unit from housing use; §37.9(a)(11) – temporary eviction to perform capital improvement or rehabilitation work; or §37.9(a)(12) – substantial rehabilitation. A copy of Section 37.9C regarding relocation payments must also be attached to the notice.
  • If the tenant is being evicted under §37.9(a)(13) – the Ellis Act, the eviction notice must include written notice of the right to relocation payments pursuant to Rent Ordinance Section 37.9A.

Relocation payments required by the Rent Ordinance apply only to the “just cause” reasons specified above. Information regarding current relocation payment amounts is available in the Forms Center on the Rent Board’s website. A list of relocation payment amounts is also available at the Rent Board’s office.

Please note that this is not intended to be a complete list of eviction notice requirements, and there may be other local and/or state law requirements governing eviction notices that are not covered here. For example, there are additional requirements for owner/relative move-in eviction notices, notices based on demolition or permanent removal of a housing unit, as well as notices to vacate in order for the landlord to perform capital improvement work or substantial rehabilitation. Landlords are advised to proceed with caution and to seek legal advice regarding the preparation and service of a proper eviction notice.

 

October 2019