San Francisco

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Tenant Rights

Key information on rental laws and tenant protections in San Francisco, including evictions and rent control.

Sections

1. Rent Control Laws

San Francisco has some of the most stringent rent control laws in the U.S., governed by the San Francisco Rent Ordinance. Hereโ€™s what you need to know:

What is Covered by Rent Control?

  • Applies to: Most multi-unit buildings constructed before June 13, 1979.
  • Exemptions: Single-family homes, condominiums, and buildings constructed after 1979 are generally exempt from rent control. However, tenants in these properties may still be protected by eviction controls (see below).
  • Key Provisions:
    • Landlords can only increase rent once per year, and the increase is capped at a percentage set by the San Francisco Rent Board. For example, the allowable increase for March 2023โ€“February 2024 is 3.6%.
    • Additional increases may be allowed for specific reasons, such as capital improvements, but these require approval from the Rent Board.

Banking Rent Increases:

  • Landlords can "bank" unused rent increases from previous years, but they must follow specific rules when applying them.

Pass-Through Costs:

  • Landlords may pass through certain costs (e.g., property tax increases or capital improvements) to tenants, but these are subject to strict limits and Rent Board approval.

2. Eviction Protections

San Francisco tenants are protected by just cause eviction laws, which limit the reasons a landlord can evict a tenant.

Just Cause Evictions:

  • Applies to most rental units, including single-family homes and condos, if the tenant has lived there for at least 12 months.
  • Valid reasons for eviction include:
    • Non-payment of rent.
    • Breach of lease terms.
    • Owner move-in (subject to strict rules).
    • Ellis Act evictions (when a landlord removes the property from the rental market entirely).
    • Substantial rehabilitation of the unit.
    • Nuisance or illegal activity.

Protections Against Retaliation:

  • Landlords cannot evict tenants in retaliation for exercising their legal rights, such as filing a complaint about unsafe living conditions.

Relocation Payments:

  • For certain types of no-fault evictions (e.g., owner move-in or Ellis Act), landlords must provide relocation payments to tenants. As of 2023, the amount varies based on the number of tenants and their household composition (e.g., additional payments for seniors, disabled tenants, or families with children).

3. Lease Agreements

Lease agreements in San Francisco are governed by both state and local laws. Here are the key points:

Written vs. Verbal Leases:

  • Leases longer than one year must be in writing.
  • Verbal agreements are legal for month-to-month tenancies but are harder to enforce in disputes.

Key Clauses to Watch For:

  • Security Deposits: California law caps security deposits at two monthsโ€™ rent for unfurnished units and three monthsโ€™ rent for furnished units. Landlords must return the deposit within 21 days of move-out, minus any deductions for damages or unpaid rent.
  • Subletting: Many leases prohibit subletting without landlord approval. However, tenants in rent-controlled units may have additional rights to sublet under certain conditions.

Illegal Clauses:

  • Landlords cannot include clauses that waive your rights under rent control or eviction protections.

4. Dispute Resolution Procedures

If disputes arise between tenants and landlords, there are several avenues for resolution:

San Francisco Rent Board:

  • The Rent Board provides mediation and arbitration services for disputes related to rent increases, evictions, security deposits, and more.
  • Filing a petition with the Rent Board is often the first step in resolving disputes.

Small Claims Court:

  • For financial disputes (e.g., unreturned security deposits), tenants can file a claim in Small Claims Court for amounts up to $10,000.

Legal Aid Organizations:

  • Several nonprofit organizations in San Francisco offer free or low-cost legal assistance to tenants (see "Tenant Resources" below).

5. Tenant Resources

San Francisco has numerous resources to help tenants understand and enforce their rights:

San Francisco Rent Board

  • Website: https://sfrb.org
  • Services: Information on rent control, filing petitions, and mediation services.
  • Address: 25 Van Ness Avenue, Suite 320, San Francisco, CA 94102.
  • Phone: (415) 252-4600.

Housing Rights Committee of San Francisco

San Francisco Tenants Union

  • Website: https://sftu.org
  • Services: Membership-based organization offering tenant counseling and resources.

Legal Assistance

  • Eviction Defense Collaborative (EDC): Provides legal help for tenants facing eviction.
  • Bay Area Legal Aid: Offers free legal services to low-income tenants.

6. Associated Costs

Living in San Francisco is expensive, and tenants should be aware of the following costs:

Average Rent:

  • As of 2023, the average rent for a one-bedroom apartment in San Francisco is approximately $3,000โ€“$3,500 per month.

Application Fees:

  • Landlords can charge a non-refundable application fee, capped at $59.67 (as of 2023) under California law.

Relocation Payments:

  • For no-fault evictions, relocation payments can range from $8,000โ€“$20,000+, depending on household size and circumstances.

Legal Costs:

  • Filing a petition with the Rent Board is free, but legal representation for more complex disputes may cost $200โ€“$500 per hour unless you qualify for free legal aid.

7. Local Considerations

San Franciscoโ€™s housing market is unique due to its high demand and limited supply. Here are some additional considerations:

Short-Term Rentals:

  • Short-term rentals (e.g., Airbnb) are heavily regulated. Tenants cannot sublet their units for less than 30 days without landlord approval and proper registration with the city.

Habitability Standards:

  • Landlords must maintain rental units in a habitable condition, including functioning plumbing, heating, and pest control. Tenants can report violations to the San Francisco Department of Building Inspection.

Ellis Act Evictions:

  • The Ellis Act allows landlords to remove properties from the rental market, but this process is highly regulated in San Francisco. Tenants evicted under the Ellis Act may be entitled to significant relocation payments and extended move-out timelines.

8. Summary of Key Agencies

  • San Francisco Rent Board: Handles rent control and eviction disputes.
  • Housing Rights Committee: Offers tenant counseling and advocacy.
  • Eviction Defense Collaborative: Provides legal assistance for evictions.
  • Department of Building Inspection: Enforces habitability standards.

By understanding these laws and resources, tenants in San Francisco can better protect their rights and navigate the cityโ€™s challenging rental market. If you have specific questions or need further assistance, feel free to ask!