October 2003
Election Day, November 4, 2003
On Tuesday, November 4, 2003, San Franciscans will go to the polls to elect a mayor and a district attorney. This election could signal a turning point for San Francisco—a time when our leaders finally decide to focus on the complex issues that plague our city. So often over the last few years, many of our elected officials have focused on political rivalries, putting their own personal interests ahead of our collective interests. Witness the non-stop political jockeying for control of the city’s commissions between the mayor and the Board of Supervisors. Instead of delivering legislation that works for the people, we have witnessed outright chaos between department heads and commissions.
Quality of life, better schools, safer streets, and streamlining city services are just a few of the daunting tasks that lay ahead. With an economic recession that has hit us hard, now is the time to begin laying the groundwork for real solutions. The election of Supervisor Gavin Newsom as mayor will be a step in the right direction. Through his leadership, we hope to find a balance in the sea-saw-like activities at City Hall. Gavin has solutions that most San Franciscans can agree upon. And against ongoing attempts to block even modest proposals, Supervisor Newsom continues to show resilience, while seeking creative solutions to our problems.
As usual the ballot is packed with a slew of last-minute propositions, many that cater to certain known special interests—and that again, advance a few personal political agendas. A few, however, make sense. Proposition M, for example, the ban on aggressive panhandling, will greatly benefit our quality of life. Please be sure to carefully review and follow the SFAA PAC’s Slate Card found on page 10. And please be sure to vote on November 4.
Tenants Union Continues Efforts for Election of Rent Board Commissioners
After their proposal to place a Charter Amendment for the election of Rent Board Commissioners was soundly rejected by the Board of Supervisors, the San Francisco Tenants Union is continuing its efforts to push the proposal forward. According to the Tenants Union Web site, a meeting is scheduled for January to decide on a course of action. Possible scenarios include attempting to gather enough signatures to place the original proposal on the March ballot, or seeking a legislative solution that may involve the Board of Supervisors sharing appointment powers with the mayor.
26th Annual Real Estate & Economics Symposium Thursday, November 20, 2003, 8:00 a.m. - 5:00 p.m. Fairmont Hotel, San Francisco
Sponsored by the Fisher Center for Real Estate and Urban Economics at UC Berkeley, the Symposium is a chance to hear directly from our local real estate leaders. Topics will include the shifting economic situation impacting the Bay Area, California and the U.S. The cost is $335; please call 510-643-6105 for a registration form or for more
information.
I have read a number of articles in the San Francisco Apartment Magazine regarding evictions, and many have omitted critical details. So, many years ago I purchased a book from Nolo Press entitled Evictions, and it has saved me thousands of dollars and prevented endless delays. Attorneys have even told me that they use it.
The steps necessary to carry out your own non-payment-of-rent eviction are straightforward and should not be too difficult. First, make sure the notice is properly served and all tenants fully named per the rental contract. Also, note the expiration dates of this notice and the Complaint and Summons that follow, remembering these dates cannot fall on a weekend or public holiday.
Now for the good news—the San Francisco Rent Board does not have to be notified, for we are dealing with state law in this situation. However, you should make sure the unit is legal and up to code, even if this involves repairing tenant vandalism, which can then be noted on the complaint. If a complaint from the tenant about the unit has been upheld by a city agency, the tenant may be protected for a period of six months. To prevail in court, there must be a history of late payments.
You can pick up all the necessary free forms at the Superior Court at 400 McAllister Street in San Francisco. Complete the Complaint, Summons and cover sheet, and rental agreement, all in triplicate form. Make sure you do not leave any lines blank. Take them to the court and pay the filing fee. From now on, a third party must serve all papers. I find it most expedient to use someone familiar with the tenant’s comings and goings. Be sure to serve the correct copy and return the proof of service where you picked up the forms.
In my experience, half of these cases go uncontested, so you should prepare duplicate copies of the Request for Entry of Default, Writ of Possession, and a Statement of Fair Market Value and then deliver these to the court immediately after the expiration of the five days allowed for the tenant’s response. Pay $7 for the Writ and take it to the sheriff. Complete the sheriff’s form and pay the fee. Provide him/her with keys to the unit. The sheriff will post a notice and show up a few days later and order the tenant out. After the tenant departs, you should change the locks and secure the premises against re-entry.
On the other hand, the tenant may file a response within the designated five days—either in a personally written form or in a brief filed in court by a tenant rights organization (in either case with a copy to you). This document may cite perceived errors, allegations that the owner’s Complaint is unclear, or quote an arcane legal theory. Don’t give up at this point. The Complaint can be amended if the issues raised have any validity, and then re-filed and re-served immediately. The response will contain the court date, and you should now be prepared to negotiate. Since an eviction will sully the tenant’s record, there are great advantages to having a stipulated judgment signed by both sides, providing for a move-out date, specifying that the unit will be left clean and empty, whereupon the landlord will refund, say, half the deposit.
I find this works every time, and my out-of-pocket expenses are less than $500. Best of all, the whole process should take just six weeks, not months. In response to critics who say do-it-yourselfers will eventually need to hire an attorney: forty years experience has taught me otherwise. – Nick Jarrett
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