S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)

Citation: S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)
Parent Document: S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)
Jurisdiction: California (state)
Effective Date: 2018-02-14
Original Source: https://www.courtlistener.com/opinion/6239406/sf-apartment-assn-v-city-cnty-of-sf/ ↗

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Rental Housing, supra, also involved an ordinance not easily defined as substantive or procedural. The ordinance in that case "require[d] that tenants be provided notice and an opportunity to cure any offending conduct before a landlord may resort to eviction. Where an eviction is brought due to a tenant's substantial violation of a material term of the tenancy, disorderly conduct, or refusal to allow the landlord access to the unit, the landlord must have provided the tenant prior written notice to cease the offending behavior. [Citation.] Similarly, a tenant may be evicted for willfully causing substantial damage to the premises only if, after written notice from the landlord, the tenant 'has refused to cease damaging the premises, or has refused to either make satisfactory correction or to pay the reasonable costs of repairing such damage over a reasonable period of time.' [Citation.] The warning notices are to 'be served by the landlord prior to a notice to terminate tenancy,' and they must 'include a provision informing tenant that a failure to cure may result in the initiation of eviction proceedings.' [Citation.] [Provisions in the ordinance] impose certain content requirements on a notice to terminate tenancy and require that a copy of the notice be filed with the [local rent board]." ( Rental Housing, supra, 171 Cal.App.4th at p. 762, 90 Cal.Rptr.3d 181.)

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