Stay Housed by Facing Down the Eviction Wave
https://www.sfpublicpress.org/how-sf-renters-can-face-down-the-eviction-wave-and-stay-housed
‘Pay or quit’ notice
To begin the eviction process for rent due during the pandemic, a landlord must send a tenant a “pay or quit” notice, giving them at least three days to pay what is owed — or move out.
When a tenant gets the notice, Prochovnick said, it is time to seek free legal advice by contacting the Eviction Defense Collaborative one of three ways:
- Call (415) 659-9184
- Email legal@evictiondefense.org
- Visit the group’s office at 1338 Mission St., on the fourth floor. Staff there receive walk-ins Mondays, Wednesdays and Fridays from 10 to 11:30 a.m., and 1 to 2:30 p.m.
A “pay or quit” notice’s time limit does not include holidays or weekends, and it begins the day after the landlord has given it to the tenant.
In a hypothetical situation in which the landlord gave a three-day notice on Oct. 1, the tenant would have until 5 p.m., Oct. 6, to pay the money or leave. If the tenant did neither, then the landlord could move on to the next step: a court summons.
What can stop, or stall, an eviction lawsuit
- Before the court issues a summons, the landlord must attest to having applied to the government’s rent-assistance program to be reimbursed for what the tenant owes, and that either the application has been denied or the tenant has neglected to fill out the appropriate portion of it for at least 15 business days. This means that if the landlord had not applied for rent assistance by Oct. 1, they could not start the eviction process until mid-month at the soonest.
- At any time, right up until Sheriff’s deputies start the removal process, the tenant can stop it by showing the court proof that the state has approved the application for rent assistance.
“If she applies, she’s not protected during the window between applying and approval,” Prochovnick said, referring to a hypothetical tenant. “So that’s when she — with the help of people like me who defend evictions — we’re going to need to drag our feet to slow the process down so that it doesn’t throw her out before she gets approved.”
These procedural protections will likely buffer the coming eviction wave, Prochovnick said, causing it to gradually swell instead of overwhelming renters all at once.
“It’s not going to be a tsunami,” Prochovnick said. “And because of that, I think that our right to counsel system is going to be able to absorb it and handle it. We will be busy, continuously busy, but I think we could keep up.”
