When it comes to San Francisco renters rights, residential units built before June 13, 1979 have eviction protection and annual rent control limitations. Generally, this applies to buildings with two or more units, which means single family homes and condominiums often do not have eviction or rent protection. In-law units built before 1979 are considered second units for purposes of rent control. Single family homes where the landlord rents individual rooms, as in the case of a boarding house, have eviction protection and rent control.
Under particular circumstances, leases for single family homes and condominiums are covered under eviction protection and rent control. Single family homes and condominiums rented before January 1, 1996 are covered under eviction protection and rent control. Single family homes and condominiums rented after January 1, 1996 have eviction protection only. This means that a landlord who rented a condominium or single family home after January 1, 1996 can increase the rent to whatever they wish, as long as the landlord provides adequate notice and does not have a retaliatory motive.
Many factors determine whether a unit is covered under the San Francisco Rent Ordinance, and it is important to have your situation reviewed by the San Francisco Rent Board or a tenant rights attorney.
A landlord can only increase the rent annually by sixty percent of the Bay Area Consumer Price Index. The landlord must provide a thirty-day written notice of the rent increase. When a unit becomes vacant, the landlord can increase the rent to market value. This is known as vacancy decontrol.
The eviction protection portion of the San Francisco Rent Ordinance prevents a landlord from evicting a protected tenant without cause. There are only fifteen reasons that a tenant can be evicted in San Francisco. The most common are (1) non-payment, (2) nuisance, (3) breach of lease, (4) owner’s move-in – OMI, (5) demolition, (6) Ellis act, and (7) capital improvements. Master tenants must also have one of these fifteen reasons to evict a subtenant, unless they informed the subtenant in writing at move-in that they reserved the right to evict for no cause.
Renters Rights Information
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