S.F. Apartment Assn. v. City & County of S.F.

BACKGROUND

A. Unlawful Detainer Statutes Code of Civil Procedure sections 1159 to 1179a,1 collectively known as the Unlawful Detainer Act, govern “the procedure for landlords and tenants to resolve disputes about who has the right to possess real property.” (Stancil v. Superior Court (2021) 11 Cal.5th 381, 394 (Stancil).) An action for unlawful detainer is a summary proceeding. (Barela v. Superior Court (1981) 30 Cal.3d 244, 249.) “Given society’s interest in swiftly resolving the balance between a tenant’s right to enjoy leased real property without disturbance and a landlord’s right to ownership income, unlawful detainer actions advance quickly—and the relevant statutes impose shorter procedural timelines than the ones governing other civil actions.” (Stancil, at p. 390.) “These proceedings are limited in scope and demand strict adherence to the statutes’ procedural requirements.” (Ibid.) Section 1161 describes the circumstances under which a tenant is guilty of unlawful detainer and may be evicted, including nonpayment of rent, breach of a material term of the lease or agreement, nuisance, and use of the premises for illegal purpose. (§ 1161, subds. (2)–(4); Stancil, supra, 11…