It is possible to do an eviction yourself, even in San Francisco, but it is not easy. There are books, but you have to be very careful with all filings and notices, or you will lose the case. It is recommended that you hire an attorney to do the eviction, but you can take that advice with a grain of salt coming from me.
Jeffery P. Woo, Esq.
Sedgwick, Detert, Moran & Arnold LLP
Complex Rental Housing Group
Certainly non-payment of rent is one of the 14 reasons to evict, but every detail must be done in accordance with the spirit, intent and letter of the law. You may also want to do a quick REVIEW of your HAZARD INSURANCE POLICY or call you insurance agent to ensure your policy includes a policy rider covering wrongful eviction - just in case. This will further give you peace of mind as you proceed.
I own rental property and represented many buyers and sellers of mult-unit properties. It is my standard of care to advise clients to seek out the assistance of a good SF Landlord/Tenant Law Specialist attorney, I reiterate that advice to YOU. This is not an arena for the Do-It-Yourself Landlord. There are so many resources available giving FREE LEGAL ADVICE is to TENANTS in this town. Don't jeopardize your investment any further without consulting a specialist. Jeff Woo is one of a few excellent attorneys who specialize in this arena of the law. - (Jeff, if you're reading this - I look forward to seeing you later today with my clients!)
Michael Ackerman, CRS, e-Pro
Zephyr Real Estate
Jeff's advice is based on long experience. Start the proccess immediatly by delivering the 3 day notice and be sure to do it the legal way otherwise you just have to start over again. If you can't hire an attorney to handle all of the situation get a book and also get in touch with the San Francisco Rent Board. Many people think they only serve tenants, my experience is that they are a good resource and serve too have fairness and legal action followed. In other words they will help you get a bad tenant out just as much as they will help the tenant from a bad landlord.
Start the process without delay and follow through as if it were your job. This is another example of why property managers, like myself, earn thier pay.
Sorry to hear that! You can give him notice to move out since he breached the contract by not paying your monthly rent. Contact an attorney so that attorney can give them legal notice to vacate the house.
Now, regarding your mortgage, did you try loan modification? May be you can qualify for loan modification so that your monthly payment can be reduced by your lender. Also, if nothing is working out then you can do short sale to avoid foreclosure. If you are thinking about short sale or have any questions on that, please don't hesitate to contact me at 510-366-9405, I would be glad to assist you.
Certified Short Sale Specialist