All You Need To Know About Renter's Rights

Years ago, the City of San Francisco introduced a Rent Stabilization and Arbitration Ordinance to ensure that long-term tenants wouldn't be displaced from their homes due to an ever-increasing rental housing market.

The ordinance offers two forms of protection: rent control which limits how much landlords can raise the rent annually, as well as eviction control, with justifiable reasons for evicting a tenant enumerated in the law. As of January 22nd, 2020, virtually all rental units in San Francisco now have protection from eviction and anti-harassment regulations under the Rent Ordinance - even those built prior to 1979.

That means that buildings with two or more living spaces are entitled to rent control as well as just cause for eviction security. With this new law in effect, renters can feel a sense of safety knowing they will not be abruptly evicted without clear reason.

Suppose your tenancy is protected by eviction control but not rent control under the San Francisco Rent Ordinance. In that case, you may still have some protection against soaring rental rates through California's Tenant Protection Act. This act applies to buildings fifteen or more years old and meeting all other conditions set forth in the law.

The San Francisco Rent Board is a vital authority responsible for upholding and enforcing the requirements of the local Rent Ordinance. This board attends to matters that fall under said ordinance, including but not limited to illegal rent hikes or inadequate maintenance of services.

When a tenant's rights are violated, such as breach of the lease agreement or security deposit returns and harassment, the court must resolve these matters. Fortunately for tenants in San Francisco, filing petitions with the Rent Board is generally easy to do on their own.

The Rent Board does offer guidance regarding renters' rights under the ordinance, but it does not assign an attorney nor give legal advice.

All dwellings in San Francisco are provided with just-cause eviction protections, as the city's Rent Ordinance dictates. This includes buildings of all sizes and those previously undergoing a substantial rehabilitation exemption process. Thus, no matter when it was constructed or how many units it holds, every residence is granted such protection from unjust evictions.

Per the San Francisco Rent Ordinance, tenants are safeguarded from eviction without a justifiable explanation in accordance with local laws.

Eviction in San Francisco is based on fifteen just-cause reasons, both for-fault and no-fault. Popular instances of the former include not paying rent, disregarding lease terms, and causing a nuisance or illegal usage of the unit.

Meanwhile, common examples are no-fault eviction processes like owner move-in (where the landlord wants to occupy it) or Ellis Act evictions (when they wish to permanently remove themselves from the rental market). Learn more about wrongful evictions.

According to the San Francisco Rent Ordinance, Owner Move-in (OMI) eviction is one of the just cause evictions that landlords can apply. Unfortunately, this particular eviction form has been grossly abused in recent years due to its lenient regulations. In order for a landlord to proceed with an OMI eviction, they must abide by strict statutory requirements and provide tenants displacement benefits for their compliance

Landlords are obligated to address all necessary repairs for their rental units to abide by state and local building regulations and ensure the habitability of their property. Learn more

San Francisco landlords are mandated to pay relocation benefits for tenants if they wish to execute an Ellis Act eviction, which is recognized as one of the just cause evictions listed in the city's Rent Ordinance. This type of eviction happens when a landlord wishes to remove all units from their building's rental market and must follow very specific requirements during this process.

The landlord must abide by stringent legal guidelines for any Ellis Act eviction, including the requirement to provide relocation benefits to tenants.

For units falling under the Rent Ordinance, tenants can expect a yearly rent increase of 2.6% from March 1st, 2019, to February 29th, 2020 - but this figure changes annually according to the Consumer Price Index (CPI). Additionally, it is important to note that rents are only allowed to be raised once in any 12-month period.

Although the amount of rent being raised can sometimes surpass the authorized increase, landlords may also bank increases for a later date and even go as far back in time as 1982.

Unlike increases due to capital improvement costs or escalated operating/maintenance expenditures that need board authorization, banking of such rises does not require approval from anyone. Tenants can petition the Rent Board if they feel their rent has been raised higher than allowed.

Tenants should be aware that, subject to the Costa-Hawkins Rental Housing Act, there is no limitation on how much rent a landlord can initially charge for an unoccupied unit. Additionally, most single-family homes and condos may be excluded from the ordinance's rent increase restrictions but still held accountable under its just cause eviction policies.

It is a heartbreaking reality that far too many renters have experienced the violation of their rights by way of wrongful eviction. This occurs when an unlawful landlord temporarily or permanently removes a tenant from their rent-controlled unit. Unfortunately, there are countless means by which landlords wrongfully evict tenants. Read about them here.

A landlord who fails to comply with the San Francisco Rent Ordinance can be held accountable for a range of damages, including lost rental value, moving costs, statutory relocation fees, and emotional distress. Furthermore, due to the city ordinance - all these penalties are tripled!

Rent-controlled jurisdictions understand that these housing units should be given special consideration. An occupant of an illegal unit may think they lack rights, yet the San Francisco Rent Ordinance still protects such properties. The landlord cannot raise their rent beyond what is allowed under this ordinance, and a tenant can't be removed without proper cause.

Not only can extended, continuous noise is detrimental to one's health and well-being, but it is also implied in all California leases that tenants have the right to "quiet enjoyment" or peaceful possession of their rental unit free from disturbances. In extreme cases, landlords may take steps such as eviction to alleviate a nuisance caused by bothersome tenants.

Tenants must not be forced out of their homes by unscrupulous landlords, as the property may belong to them, but it is still a tenant's home. While landlord harassment can be difficult to verify, tenants have options available to document and report inappropriate behavior for justice to prevail! Find out about your options now!

Living in a densely populated city often leads to disagreements between neighbors. Trying to deal with the person next door or another tenant in your residence can be exasperating, especially if you don't know what constitutes an infraction. That's why it is essential to find out exactly what qualifies as a nuisance and how best you can resolve the situation without escalating matters any further.

In October 2017, California enacted the Immigrant Tenant Protection Act to ensure that all tenants and potential renters are able to access housing without fear of discrimination based on their immigration status. A landlord who violates this law faces severe penalties - up to $2,000 plus a multiplier of six or twelve times the monthly rent for each offense!

In many cases, the main source of disagreement between landlords and tenants is "normal wear and tear." When a tenant leaves the unit, the landlord has permission to deduct from their deposit if that particular tenant caused any damage; however, this only applies when it goes beyond what can be seen as normal. Therefore, at the start of their tenancy, tenants should be familiarized with what constitutes "ordinary wear and tear."

As a tenant, it is essential that you inspect the premises before and after moving in. Even though your landlord can deduct from your security deposit for "ordinary wear and tear," they must document these deductions properly with written records. Furthermore, tenants are granted the return of their security deposit within twenty-one (21) days of moving out. If a landlord wrongfully retains any portion of the tenant's security deposit, they may be liable for that amount and up to double its value.