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San Francisco · San Francisco County

San Francisco Eviction Laws & Process

California landlord guide — notices, timelines, court filing & local rules

⏱ Notice Period: 3 court days
💰 Filing Fee: ~$240–$435
📅 Avg Timeline: 6 weeks–4 months

Eviction Laws in San Francisco, California

San Francisco is the most regulated rental market in the country — and right now, also the fastest-rising: average apartment rent is about $3,792, up 10.4% year-over-year, the strongest growth of any major U.S. market as the tech and AI rebound runs into a city that built almost nothing during the downturn. About 62% of households rent — roughly 225,000 renter households — and 68% of rentals price above $3,000 a month, the highest share anywhere on this site. The defining fact for landlords is the age of the stock: most of San Francisco’s rental housing received its certificate of occupancy before June 13, 1979, which puts it under the city’s Rent Ordinance — the original 1979 rent control law, administered by the San Francisco Rent Board, with the lowest annual increase allowance and the most developed tenant bar in America. In this market the spread between regulated rents and market rents is the asset, the liability, and the entire business model, all at once.

California evictions run through the unlawful detainer process in Superior Court (CCP § 1161). For nonpayment, you serve a written 3-Day Notice to Pay Rent or Quit — three court days, excluding weekends and judicial holidays — and the notice can demand rent only: no late fees, no utilities, no other charges, or it’s defective. On Rent Ordinance property, every termination must also fit one of the 16 just causes, served with honest intent and the Rent Board’s required filings and disclosures. After the notice expires you e-file the UD complaint with the San Francisco Superior Court; the tenant has 10 court days to respond, and in this city they will — San Francisco has the deepest tenant-defense infrastructure in the country, jury demands are routine, and wrongful-eviction exposure includes Rent Board investigation, damages, and attorney fees. A clean default can still wrap in six weeks; a contested case realistically runs three to five months. Statewide rules ride along: deposits capped at one month’s rent (AB 12), 21-day return, AB 2801 photo documentation, and AB 1482 as the backstop for post-1979 buildings. Self-help is prohibited under Civil Code § 789.3 — and in San Francisco, treated as harassment with real teeth.

San Francisco — Local Rules That Affect Landlords

The Rent Ordinance — 1.6% is the whole increase. Units with a certificate of occupancy before June 13, 1979 are rent-controlled: one increase per 12 months at the Rent Board’s published rate — 1.6% from March 1, 2026 through February 28, 2027 (up from 1.4% the prior year). The formula is 60% of CPI, the stingiest in California. Unused increases can be banked and imposed later, but the combined increase served at once tops out at 10% and triggers a 90-day notice. Above-formula increases require a Rent Board petition (capital improvements, operating-and-maintenance pass-throughs), and tenants can petition back over services and habitability.

16 just causes, honest intent required. Terminations on covered property must fit one of 16 enumerated just causes — at-fault grounds like nonpayment and lease breach, and no-fault grounds like owner move-in, Ellis Act withdrawal, demolition, and capital improvements (where the tenant has a right to re-occupy at the prior rent when work completes). No-fault evictions carry relocation payments indexed annually by the Rent Board — several thousand dollars per tenant, with premiums for seniors, disabled tenants, and households with minors — and seniors and disabled tenants have outright protection from several no-fault grounds. Required Rent Board filings accompany most notices; a missed filing is a defense.

Vacancy decontrol, with asterisks. Costa-Hawkins lets you reset to market on a lawful vacancy — which, at today’s spread, is the entire return profile of older SF buildings. But units vacated through certain no-fault evictions carry re-rental restrictions at the prior rent, and buyout agreements are regulated: pre-negotiation disclosures, Rent Board filing, and tenant rescission rights. Skipping the buyout process converts a settlement into evidence.

The Rent Board fee and the paperwork layer. Every covered unit owes the annual Rent Board fee (billed each year, due March 1, shareable with the tenant), and the city’s housing-inventory reporting requirements now tie directly into the right to impose increases — keep the unit’s registration current before serving any increase notice. The Rent Board (sf.gov/rentboard, 25 Van Ness Ave.) publishes the current rates, forms, and relocation amounts.

AB 1482 backstop. Post-June 1979 buildings escape the Rent Ordinance’s rent caps under the new-construction exemption but answer to AB 1482 once past the rolling 15-year window (5% + CPI, max 10% — recently around 6.3% for the SF metro), and most still carry just-cause protection — under the Rent Ordinance’s eviction provisions, which reach further than its rent provisions.

San Francisco Superior Court — Where San Francisco Landlords File

Unlawful detainer cases for San Francisco addresses are filed with the San Francisco Superior Court at the Civic Center Courthouse, 400 McAllister Street, San Francisco, CA 94102, with e-filing standard for civil cases. First-paper filing fees follow the statewide schedule: about $240 for limited UDs demanding under $10,000 — most nonpayment cases — and $385–$435 for larger or unlimited claims; UD complaints are confidential for the first 60 days under CCP § 1161.2. Expect a defended case: San Francisco tenants have same-day access to the Eviction Defense Collaborative, which answers UD complaints for tenants citywide, and the city funds full-scope eviction counsel under its tenant right-to-counsel program — assume every case gets an answer, discovery, and a settlement conversation. On Rent Ordinance property, bring your Rent Board paper trail: required filings, relocation payments, and notice disclosures are checked line by line, and a defect is an affirmative defense. If you prevail, the clerk issues a writ of possession to the San Francisco Sheriff’s Office civil division, which posts a 5-day notice to vacate before completing the eviction — budget two to four weeks after the writ. The court’s self-help center at the Civic Center Courthouse and sf.courts.ca.gov publish the UD forms and local procedures, and the Rent Board’s counselors (415-252-4600) field compliance questions without an appointment.

San Francisco Rental Market Snapshot

Current data for San Francisco landlords and investors

Metric Data Notes
Average Monthly Rent ~$3,792 RentCafe/Yardi, May 2026 — studio ~$2,713, 1BR ~$3,668, 2BR ~$4,808, 3BR ~$6,076; 68% of rentals price above $3,000
Renter Share ~62% ~225,000 renter households — tech and AI payrolls returning against severely constrained supply
Rent Change (YoY) +10.4% Fastest-rising major market in the country — market rents sprinting away from regulated rents widens the controlled-unit spread every month
Allowable Increase (Rent Ordinance) 1.6% March 1, 2026 – February 28, 2027, on pre–June 13, 1979 stock (60% of CPI); banking permitted, 10% max served at once
Landlord-Friendly Rating 1/10 1.6% increases, 16 just causes, Rent Board oversight, funded tenant counsel, regulated buyouts — the deepest regulatory stack in America, offset only by vacancy decontrol and nation-leading market rents

California Eviction Laws

State statutes, notice requirements, and landlord rights that apply to every San Francisco rental

⚡ Quick Overview

3
Days Notice (Nonpayment)
3
Days Notice (Violation)
45-90
Avg Total Days
$385-435
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice to Pay Rent or Quit
Notice Period 3 days
Tenant Can Cure? Yes
Days to Hearing 20-30 days
Days to Writ 5-15 days
Total Estimated Timeline 45-90 days
Total Estimated Cost $500-$2,500+
⚠️ Watch Out

AB 1482 (Tenant Protection Act) requires just cause for evictions of tenants in place 12+ months. 3-day notice can only include rent - no late fees, utilities, or other charges. AB 2347 (eff. Jan 1, 2025) doubled tenant response time from 5 to 10 court days. AB 2304 masks UD court records from screening companies unless landlord wins judgment within 60 days of filing. SB 567 (eff. April 2024) added strict owner move-in (90-day move-in, 12-month occupancy) and substantial remodel (permits required) rules with treble-damages enforcement. Notice excludes weekends and court holidays.

Underground Landlord

📝 California Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the Superior Court (Unlawful Detainer). Pay the filing fee (~$385-435).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about California eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified California attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: California landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in California — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need California's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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AI-generated, state-specific eviction notices, pay-or-quit letters, lease termination documents, and more — pre-filled with your tenant's information and built to California requirements.

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San Francisco Eviction Cost Snapshot

Typical filing, service, and court fees for a San Francisco County unlawful detainer action

💰 Eviction Costs: California
Filing Fee 385-435
Total Est. Range $500-$2,500+
Service: — Writ: —

California Notice Period Calculator

Calculate your required notice period and earliest filing date under California law

📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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San Francisco Superior Court

Where San Francisco landlords file eviction complaints

🏛️ Courthouse Information and Locations for California

A Tenancy Here Can Outlast Your Ownership — Screen Like It

Screen Tenants Before You Sign in San Francisco

In San Francisco, a placement on rent-controlled stock is effectively permanent: increases run 1.6% a year while the market runs double digits, every termination needs one of 16 just causes, and the tenant gets city-funded counsel if you ever end up in court. The rent you set and the tenant you choose at lease signing are decisions you may live with for decades. Run background, credit, and eviction history on every adult, verify income at the source, and apply written criteria consistently — in this market, the application file is the most valuable document you’ll ever create.

Run a Tenant Background Check →

AI-Powered Legal Documents

Generate California Eviction Notices & Lease Agreements Instantly

Generate a compliant 3-Day Notice to Pay Rent or Quit, an unlawful detainer complaint ready for San Francisco Superior Court e-filing, or a lease built for Rent Ordinance disclosures and AB 1482 exemption notices — in minutes. Our AI document tools are built around CCP § 1161 and Civil Code § 1946.2 and updated for 2026 California law.

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San Francisco Eviction FAQ

Common questions from San Francisco landlords

How long does an eviction take in San Francisco?

Plan for roughly six weeks on a true default and three to five months on a contested case — and in San Francisco, assume contested. The 3-day notice runs on court days only, the tenant gets 10 court days to answer, and the city’s Eviction Defense Collaborative plus the tenant right-to-counsel program mean nearly every UD draws an answer, discovery, and often a jury demand. After judgment, the San Francisco Sheriff posts a 5-day notice to vacate before completing the eviction, typically two to four weeks after the writ. The fastest path through this system is a perfect paper trail going in: the right just cause, the Rent Board filings, and a notice with zero defects.

Where do San Francisco landlords file an eviction?

With the San Francisco Superior Court at the Civic Center Courthouse, 400 McAllister Street, with e-filing standard. First-paper fees run about $240 for limited UDs demanding under $10,000 (most nonpayment cases) and $385–$435 above that, and the complaint is confidential for 60 days under CCP § 1161.2. On Rent Ordinance property, your court file is only half the paperwork — most termination notices require parallel filings with the Rent Board, and missing one hands the tenant an affirmative defense before the merits are ever reached.

How much notice do I have to give for nonpayment of rent?

A written 3-Day Notice to Pay Rent or Quit (CCP § 1161(2)) — and the three days count court days only, excluding weekends and judicial holidays, so a notice served Thursday doesn’t expire until late the following week. The notice can demand rent only: no late fees, no utilities, no interest, no other charges, and the exact amount must be right — an overstated demand is the most common fatal defect. Nonpayment is an at-fault just cause under the Rent Ordinance, so no relocation applies, but the notice and service requirements are enforced to the letter in this courthouse.

Can I evict a tenant in San Francisco without a written lease?

Yes — oral and month-to-month tenancies are fully covered by California’s unlawful detainer process, and nonpayment uses the same 3-day notice. But in San Francisco a month-to-month tenancy on covered property is close to a life estate: the Rent Ordinance’s 16 just causes apply regardless of lease status, the annual increase is the Rent Board’s published rate, and “I want my unit back” only works through the owner-move-in or Ellis Act provisions with their relocation payments and restrictions. Termination notices run 30 days for tenancies under a year and 60 days beyond it. Lockouts and utility shutoffs are illegal self-help — and in this city, a harassment claim waiting to be filed.

Does San Francisco have rent control?

The strictest in the country. Units with a certificate of occupancy before June 13, 1979 — most of the city’s rental stock — are covered by the Rent Ordinance: one increase per 12 months at the Rent Board’s rate, currently 1.6% (March 1, 2026 – February 28, 2027), calculated as 60% of CPI. Unused increases can be banked, capped at 10% served at once. Newer buildings escape under the new-construction exemption but answer to AB 1482’s cap (5% + CPI, max 10%) once past the rolling 15-year window — and most still carry just-cause eviction protection. Vacancy decontrol under Costa-Hawkins lets you reset to market on lawful turnover, which is why the increase rate matters less than tenancy duration in SF underwriting.

I want to move into my own San Francisco building — or move my daughter in. How does an owner move-in eviction actually work?

Carefully, slowly, and exactly by the book — the owner-move-in (OMI) eviction is the most litigated just cause in San Francisco, and the Rent Board audits them. The skeleton: an owner with a qualifying ownership stake may recover one unit in the building as their principal residence, with honest, good-faith intent to live there for at least 36 months; a close relative (like your daughter) can qualify for a relative move-in, but generally only if you already live in the building or are simultaneously moving in yourself. The tenancy ends on a 60-day notice stating the OMI ground, accompanied by the Rent Board filing and relocation payments — indexed annually, several thousand dollars per tenant with premiums for seniors, disabled tenants, and households with minors. Now the restrictions that catch people. Protected tenants can defeat the eviction entirely: tenants who are 60+ or disabled with long tenancies have statutory protection from OMI in most configurations. One unit per building gets the OMI designation — you can’t rotate through units recovering them one at a time. And the unit is encumbered after the eviction: the OMI is recorded, the unit must be offered back to the displaced tenant if you don’t follow through, and re-rental within the restriction period is capped at the evicted tenant’s old rent — meaning a fake OMI doesn’t just risk a wrongful-eviction suit with treble damages and attorney fees, it destroys the vacancy-decontrol value you were presumably chasing. Tenant attorneys pull utility records, mail covers, and social media to test whether you really moved in; the Rent Board sends follow-up questionnaires. If your intent is genuine — you or your daughter will actually live there for three-plus years — the OMI works as designed: budget the relocation payments, serve the full 60 days, file everything, document your occupancy from day one, and keep the file forever. If the real goal is a market-rate re-rental, the OMI is the most expensive shortcut in California landlording.

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← View All California Eviction Laws

This page is for informational purposes only and does not constitute legal advice. Eviction laws, local ordinances, and court procedures may change. Always verify current requirements with a licensed California attorney, the San Francisco Rent Board, or the San Francisco Superior Court before taking action.

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