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SAN FRANCICSO REQUIRES A NEW NOTICE TO CURE BEFORE SERVING A NOTICE TO PAY RENT OR QUIT, NOTICE TO PERFORM COVENANT OR QUIT, OR OTHER NOTICE TO VACATE FOR CERTAIN VIOLATIONS

On February 11, 2022, San Francisco amended Section 37.9 of its Administrative Code to require landlords pursuing certain types of evictions to provide their tenants written notice and an opportunity to cure before serving a notice to vacate. The new legislation (Ordinance 18-22) is effective March 14, 2022.

The new requirement applies to evictions based on, among other grounds, the following:

  • Non-payment of rent;
  • Breach of any other obligation of the lease/rental agreement;
  • Nuisance or interference with the comfort, safety and enjoyment of landlord or tenants;
  • Waste or damage to the premises;
  • Illegal activity;
  • The tenant, who had an oral or written agreement with the landlord which has terminated, has refused after written request or demand by the landlord to execute a written extension or renewal thereof for a further term of like duration and under such terms which are materially the same as in the previous agreement; and
  • The tenant has, after written notice to cease, refused the landlord access to the rental unit as required by State or local law.

Before serving a tenant with a notice to vacate for any of the foregoing reasons, the landlord must first provide the tenant a written warning and an opportunity to cure that describes the alleged violation and informs the tenant that a failure to correct such violation within ten (10) days may result in the initiation of eviction proceedings. This means that landlord may not serve a tenant with a just cause eviction notice (including a Notice to Pay Rent or Quit or a Notice to Perform Covenant or Quit) until the landlord has first served the required warning notice and the tenant fails to comply within ten (10) days. The law requires the Rent Board to prepare a form that landlords may use for this purpose.

This new requirement does not apply if a longer notice and cure period applies (for example, under the terms of the lease agreement between the parties), or if the landlord is seeking to recover possession based on the tenant causing or creating an imminent risk of physical harm to persons or property; or if the landlord is seeking to recover possession based on the non-payment of rent or any other unpaid financial obligation of a tenant under the tenancy that came due between March 1, 2020 and March 31, 2022.

For further information, please contact us at (949) 748-3600.

The law firm of Wallace, Richardson, Sontag & Le, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. The law may have changed since this article was posted. Before acting, landlords should seek legal advice.

March 14, 2022 | Landlord-Tenant Law |