San Francisco is known for its high cost of living and rental market, and as a result, the city has some of the strongest tenant-landlord laws in the United States. These laws aim to protect the rights of tenants and ensure that landlords provide safe, habitable, and affordable housing.
Rent Control
One of the most significant aspects of San Francisco’s tenant-landlord laws is the city’s Rent Ordinance. This ordinance establishes a rent control system that limits the amount by which landlords can increase rent on certain properties. The law applies to most buildings built before 1979, with some exceptions such as single-family homes. The Rent Board of San Francisco sets the maximum allowable rent increase each year based on the Consumer Price Index.
Eviction Protections
San Francisco’s tenant-landlord laws also provide strong protections against evictions. Landlords can only evict tenants for specific reasons, such as non-payment of rent, breach of lease, or illegal activity. If a landlord wants to evict a tenant, they must provide a written notice and the tenant has the right to contest the eviction in court. Additionally, San Francisco has a “just cause” eviction ordinance, which requires landlords to have a valid reason for evicting a tenant. There are many non-profit organizations in the city, where tenants can apply for move-in costs, rental assistance, or utility assistance. Tenants can take advantage of these services. Furthermore, Eviction Defense Collaborative (EDC) provides free eviction defense to tenants by offering credible lawyers who are specialized in eviction defense, making it extremely difficult and costly for landlords to evict tenants. Most tenant-landlord attorneys in the city are specialized in representing tenants, while only a handful of attorneys only represent landlords. In contrast, in landlord-friendly states such as Texas, most attorneys represent landlords.
Security Deposits
San Francisco’s tenant-landlord laws also regulate the amount and handling of security deposits. Landlords can only charge a maximum of two months’ rent as a security deposit for an unfurnished unit and three months’ rent for a furnished unit, and they must return the deposit within 21 days of the tenant moving out. If the landlord wants to keep any portion of the deposit, they must provide a written itemized statement explaining why.
Habitability Requirements
Under San Francisco’s tenant-landlord laws, landlords have a duty to provide safe and habitable housing to tenants. This includes making necessary repairs, ensuring that the property is free of health and safety hazards, and providing adequate heating, hot water, and electricity. Tenants have the right to withhold rent or seek repairs if the landlord fails to meet these obligations.
Conclusion
San Francisco’s tenant-landlord laws are designed to protect the rights of tenants and ensure that landlords provide safe, habitable, and affordable housing. It’s essential for tenants to understand their rights and responsibilities under these laws, and for landlords to comply with the city’s regulations. If you have any questions about San Francisco’s tenant-landlord laws, it’s best to seek the advice of a qualified attorney. If you are a landlord in a difficult situation and need help, feel free to contact us at 415-712-0507.
