Local code · San Francisco

San Francisco — Evictions & Just Cause

The San Francisco Evictions & Just Cause, explained in plain English with the controlling citations.

Last reviewed: July 6, 2026

Overview

San Francisco’s Residential Rent Stabilization and Arbitration Ordinance in the San Francisco Administrative Code, Chapter 37 requires “just cause” to terminate a residential tenancy, and layers on additional notices, filings, relocation assistance, and post-eviction controls that are unique to San Francisco. The core just-cause list lives in § 37.9(a), with special procedures for Ellis Act withdrawals in § 37.9A, owner/relative move-in in § 37.9(a)(8) and § 37.9B, relocation in § 37.9C, and related provisions like post-foreclosure and buyouts in § 37.9D–E. See the San Francisco Rent Ordinance and the broader San Francisco Administrative Code for context.

Bottom line: In San Francisco, a landlord cannot remove a residential tenant unless one of the specific “just causes” in § 37.9(a) applies, and no‑fault evictions trigger strict notices, Rent Board filings, and relocation payments, with extra limits and monitoring after move‑in or withdrawal.

What § 37.9 establishes in San Francisco

  • Just-cause categories include fault-based grounds (e.g., nonpayment and breach under § 37.9(a)(1)–(2)) and no-fault grounds (e.g., owner/relative move‑in under § 37.9(a)(8), demolition/permanent removal under § 37.9(a)(10), temporary vacancy for permitted capital repairs under § 37.9(a)(11), and government order under § 37.9(a)(16)).
  • For any termination, San Francisco requires service of a written notice stating the specific just cause; for many causes, a copy must be filed with the Rent Board promptly and the multilingual Rent Ordinance information sheet must be provided to the tenant under § 37.9(c) (Form 1007).
  • Certain curable violations require a prior written warning and cure opportunity before a termination notice issues, under § 37.9(c) (often delivered via the Rent Board’s “10‑Day Warning” format).
  • “Owner or Relative Move‑In” (OMI/RMI) under § 37.9(a)(8) is allowed only in good faith for principal residence use, and is followed by strict occupancy, reporting, and re‑renting restrictions in § 37.9B. Protected tenants have additional safeguards.
  • Permanent withdrawal (Ellis Act) is implemented locally via § 37.9A, with timed notices, relocation payments, and recorded constraints on the property after withdrawal.
  • No‑fault evictions (including OMI/RMI and demolition/removal) require relocation payments under § 37.9C or § 37.9A(e) (Ellis), paid on the statutory schedule and at rates published by the Rent Board.
  • After foreclosure, special notices are required, and failure to provide them is a defense to eviction under § 37.9D; tenant buyouts are separately regulated under § 37.9E.

Where a no‑fault cause depends on permits or approvals (e.g., demolition), expect Planning and DBI coordination. Demolition/permanent removal under § 37.9(a)(10) typically cannot proceed unless the owner has secured the required approvals and building permits; many owners pair or follow with an Ellis withdrawal to align long‑term re‑rental restrictions. For permits and inspections, see San Francisco Permits & Inspections, and for Planning entitlements see the San Francisco Planning Code.

Owner/Relative Move‑In (OMI/RMI) — § 37.9(a)(8), § 37.9B, § 37.9C

  • Good‑faith intent to make the unit the owner’s or an eligible relative’s principal residence for at least 36 months, with move‑in within 3 months after vacancy. File mandatory occupancy reports (90‑day and annual for three years; Forms 546A/546B/546C); failure triggers administrative fines.
  • Provide required relocation payments at service of notice (or half at notice/half at vacancy) per § 37.9C; file a copy of the termination notice with the Rent Board within approximately 10 days of service and attach the Rent Board information sheet (Form 1007) per § 37.9(c).
  • Post‑eviction limits: presumptions of bad faith and rent/re‑rental restrictions for up to 5 years; if the owner/relative fails to occupy or vacates early, the displaced tenant has remedies and monitoring ensures compliance.
  • Additional protections for elderly/disabled tenants and school‑year considerations apply (e.g., § 37.9(j) referenced in OMI materials).
    For compliance tracking and filings, see San Francisco Rent Registry & Compliance.

Demolition or Permanent Removal — § 37.9(a)(10)

  • Requires bona fide demolition or lawful permanent removal of the “rental unit,” typically with Planning/DBI approvals in place before service of notice. Relocation assistance applies as a no‑fault cause.
  • Often coordinated with an Ellis withdrawal to align with long‑term constraints on re‑rental; misusing demolition as a pretext risks wrongful‑eviction liability with treble damages.
    If work renders the unit temporarily uninhabitable for necessary improvements, the appropriate path is usually temporary eviction under § 37.9(a)(11), not demolition.

Temporary Eviction for Capital Improvements/Repairs — § 37.9(a)(11)

  • Allowed where permitted work makes a unit uninhabitable; the tenant has a right to return, and the owner must provide specified per‑diem or lump‑sum relocation assistance during the temporary vacancy per local rules.
    For safety/habitability coordination, see the San Francisco Housing Code.

Government Order to Vacate — § 37.9(a)(16)

  • If a government agency or court orders vacancy (e.g., unsafe conditions), that can constitute just cause. Relocation obligations may apply, subject to findings about tenant fault.

Ellis Act Withdrawal — § 37.9A

  • Local implementation of permanent withdrawal requires serving the Rent Board’s Ellis packet, paying relocation per § 37.9A(e), and observing 120‑day or extended one‑year timelines for seniors/disabled. The Rent Board records property constraints after withdrawal.
    For City assistance programs available to displaced tenants, see San Francisco Tenant & Housing Programs.

Fault‑Based Causes — § 37.9(a)(1)–(2)

  • Nonpayment of rent and material lease breach remain just causes; San Francisco requires proper cure/quit procedures and Rent Board filings of the notice where applicable. A 10‑day warning letter is required for some curable breaches under § 37.9(c).

If your project involves adding an ADU, note that San Francisco’s ADU pathway has tenant‑protection declarations and Rent Board processes that interact with § 37.9; see San Francisco ADUs.

Decision‑Relevant Requirements (Selected)

Eviction Type Core Showing Notice Period Relocation Post‑Eviction Limits Code Reference
Owner/Relative Move‑In (OMI/RMI) Good‑faith intent; move in within 3 months; occupy 36 months; file occupancy reports Typically 30/60 days depending on tenancy length Pay per § 37.9C at notice and move‑out 5‑year rent/re‑rental limits; monitoring; penalties for bad faith § 37.9(a)(8), § 37.9B, § 37.9C, filings under § 37.9(c); Forms 1007, 546A/B/C
Demolition/Permanent Removal Lawful permits/approvals; bona fide removal Usually 60 days (tenancy >1 year) Yes (no‑fault) under § 37.9C Re‑rental constraints; often paired with Ellis § 37.9(a)(10); filings per § 37.9(c)
Temporary for Capital Improvements Permitted work renders unit uninhabitable; tenant right to return Project‑based; notice specifies duration Per‑diem/lump‑sum during vacancy Must restore tenancy § 37.9(a)(11)
Government Order to Vacate Agency/court order; habitability/safety Order‑driven May apply; depends on fault findings N/A § 37.9(a)(16)
Ellis Act Withdrawal Permanent withdrawal of all units withdrawn; timed notices 120 days; 1 year for seniors/disabled Yes, under § 37.9A(e) Recorded constraints; re‑rental limits under state/local law § 37.9A

Notably required filings and forms:

  • Attach the multilingual Rent Ordinance information notice (Form 1007) to most termination notices under § 37.9(c); file a copy of the notice with the Rent Board shortly after service.
  • OMI/RMI: file 90‑day and annual occupancy statements for 3 years (Forms 546A/B/C); failure triggers administrative fines; use Form 955 if rescinding.
  • Ellis: serve the Rent Board Ellis tenant packet; pay relocation on the statutory schedule; Rent Board records withdrawal constraints.

Checklist

  • Identify the exact just cause under § 37.9(a) (or § 37.9A for Ellis) that fits your facts.
  • If the issue is curable (e.g., certain breaches), serve a 10‑day written warning and allow cure per § 37.9(c) before issuing a termination.
  • For no‑fault causes, calculate relocation due under § 37.9C (or § 37.9A(e) for Ellis) and plan payment timing.
  • Prepare the termination notice with the required attachments (Form 1007) and serve the correct 30/60‑day period.
  • File a copy of the notice with the Rent Board promptly after service; calendar any follow‑up filings (e.g., OMI 90‑day/annual occupancy statements).
  • If relying on demolition/permanent removal, secure Planning/DBI approvals before service and confirm the correct path (vs. temporary § 37.9(a)(11) or Ellis § 37.9A).
  • For Ellis, serve the Rent Board’s Ellis packet and comply with the 120‑day/1‑year timelines and payment schedule.
  • Maintain documentation to prove good‑faith execution (e.g., move‑in, permits) and monitor all post‑eviction restrictions for the full period.

Risks & Ambiguities

Issue Why it matters What to verify
Good‑faith OMI intent and 36‑month occupancy Noncompliance triggers treble‑damage exposure and Rent Board penalties That the intended occupant actually moves in within 3 months and stays 36 months; file Forms 546A/B/C on time. § 37.9B
Protected tenants and school‑year timing Some OMI/RMI removals are barred or delayed Age/disability status; school‑year rules under § 37.9(j); consider alternatives.
Demolition vs. temporary repair Wrong path can cause wrongful‑eviction claims Whether permitted work fits § 37.9(a)(11) (temporary with right to return) or bona fide § 37.9(a)(10) demolition/removal.
Pairing removal with Ellis Re‑rental constraints and long‑term limits differ Whether an Ellis withdrawal under § 37.9A is required/advisable for permanent removal; timing and payments.
Curable violations Missed warning can void a termination Serve a 10‑day warning under § 37.9(c) before a cure‑or‑quit for certain breaches.
Post‑foreclosure notices Missing notice is a defense to eviction That the § 37.9D foreclosure notice was posted/mailed as required.

Plain-English Summary

San Francisco’s just‑cause law limits when a landlord can end a tenancy and layers on city‑specific steps: required warnings for curable issues, strict notice content, Rent Board filings, relocation payments for no‑fault causes, and robust post‑eviction monitoring—especially for owner move‑in and Ellis Act withdrawals. If your plan involves permits (repairs, demolition, or new work), coordinate early with the Planning Department and DBI and follow the right just‑cause track. When in doubt, verify details with the Rent Board before serving any notice.

Source References

  • San Francisco Administrative Code, Rent Ordinance — selected provisions: § 37.9(a) (just causes), § 37.9(c) (notices/cure), § 37.9(a)(8) (OMI/RMI), § 37.9B (post‑OMI limits/reporting), § 37.9C (relocation), § 37.9A (Ellis withdrawal), § 37.9(a)(10) (demolition/removal), § 37.9(a)(11) (temporary repair), § 37.9(a)(16) (government order), § 37.9D–E (foreclosure/buyouts) — summaries and forms noted by the Rent Board materials
  • Owner Move‑In (OMI/RMI) procedures, reports, and penalties; forms 546A/B/C and 955; Rent Board auditing and fines; bad‑faith remedies under § 37.9B
  • Demolition/permanent removal workflows and Ellis interplay under § 37.9(a)(10) and § 37.9A
  • Temporary eviction for capital improvements under § 37.9(a)(11); right to return and relocation framework
  • Fault‑based causes and pre‑termination warning under § 37.9(a)(1)–(2) and § 37.9(c); Rent Board filing of notices
  • Foreclosure notices and buyout regulations under § 37.9D–E (text excerpts)

Related City resources on this site:

Sources

Retrieved passages

  • San Francisco Zoning Code (§37.9) High relevance
  • San Francisco Zoning Code (§37.8) High relevance
  • San Francisco Zoning Code (§37.9B) High relevance
  • San Francisco Zoning Code (Section 1161) High relevance
  • San Francisco Zoning Code (Section 1161) High relevance
  • San Francisco Zoning Code (title through) High relevance

Cited sections

  • San Francisco Administrative Code, Rent Ordinance — selected provisions: **§ 37.9(a)** (just causes), **§ 37.9(c)** (notices/cure), **§ 37.9(a)(8)** (OMI/RMI), **§ 37.9B** (post‑OMI limits/reporting), **§ 37.9C** (relocation), **§ 37.9A** (Ellis withdrawal), **§ 37.9(a)(10)** (demolition/removal), **§ 37.9(a)(11)** (temporary repair), **§ 37.9(a)(16)** (government order), **§ 37.9D–E** (foreclosure/buyouts) — summaries and forms noted by the Rent Board materials (§ 37.9)
  • Owner Move‑In (OMI/RMI) procedures, reports, and penalties; forms 546A/B/C and 955; Rent Board auditing and fines; bad‑faith remedies under **§ 37.9B** (§ 37.9B)
  • Demolition/permanent removal workflows and Ellis interplay under **§ 37.9(a)(10)** and **§ 37.9A** (§ 37.9)
  • Temporary eviction for capital improvements under **§ 37.9(a)(11)**; right to return and relocation framework (§ 37.9)
  • Fault‑based causes and pre‑termination warning under **§ 37.9(a)(1)–(2)** and **§ 37.9(c)**; Rent Board filing of notices (§ 37.9)
  • Foreclosure notices and buyout regulations under **§ 37.9D–E** (text excerpts) (§ 37.9D)
  • San Francisco Rent Ordinance
  • San Francisco Administrative Code
  • San Francisco Planning Code
  • San Francisco Permits & Inspections
  • San Francisco Housing Code
  • San Francisco Rent Registry & Compliance
  • San Francisco Tenant & Housing Programs
  • San Francisco ADUs
  • SF Rent Engine Routing.json
  • SF Rent UI Scenario Payload.json
  • SF Rent Registry canonical.json
  • SF Admin Code.md

Frequently asked questions

How long must an owner live in the unit after an OMI in San Francisco?

At least 36 consecutive months as a principal residence, and the owner (or relative) must move in within approximately 3 months after the tenant vacates; monitoring filings are required and failure carries penalties under § 37.9B.

What relocation payments apply for an owner move‑in or demolition eviction?

No‑fault evictions like OMI/RMI and demolition/removal require relocation assistance under § 37.9C, paid on the local schedule; Ellis withdrawals use § 37.9A(e) amounts. The Rent Board publishes current figures and timing; pay half at notice and half at move‑out unless otherwise allowed.

Do I have to warn a tenant before serving a notice for a curable breach?

Yes. For certain curable violations, San Francisco requires a prior written warning and opportunity to cure before issuing a termination, per § 37.9(c) (the Rent Board provides a 10‑day warning format).

Can I evict to do major renovations?

If permitted work will make the unit uninhabitable only temporarily, use § 37.9(a)(11) (temporary eviction) and the tenant has a right to return with relocation during the vacancy. For true demolition/permanent removal, § 37.9(a)(10) applies and typically requires approvals in place and relocation; mislabeling work risks wrongful‑eviction exposure.

What happens if the owner doesn’t move in after an OMI?

Post‑OMI restrictions in § 37.9B presume bad faith if the owner/relative fails to occupy or re‑rents at higher rent within the restricted period; tenants can seek treble damages and the Rent Board can levy fines for missed reports.

How does the Ellis Act work in San Francisco?

Ellis is implemented by § 37.9A: serve the Ellis tenant packet, pay relocation under § 37.9A(e), and observe 120‑day or 1‑year timelines (for seniors/disabled). The Rent Board records constraints after withdrawal that affect future use and re‑rental.

Are there school‑year protections for families in OMI cases?

Yes. The OMI materials reference school‑year timing rules under § 37.9(j) that can delay or affect timing; verify applicability to the household and school calendar.

Do I need to file my termination notice with the Rent Board?

For many just‑cause terminations (e.g., OMI), you must file a copy of the notice with the Rent Board shortly after service and include the Rent Ordinance information sheet (Form 1007) with the tenant’s notice under § 37.9(c).

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