Kara Sears
In San Francisco, tenants are protected by the Rent Ordinance of 1979, which provides rent control and just cause for eviction. This means that rents can only be raised by a certain amount each year, and tenants can only be evicted for one of 16 just causes. While rental contracts generally cannot supersede state laws, California law also protects tenants from one-sided leases that may be unfavourable to them. Additionally, tenants have rights under the Residential Rent Stabilization and Arbitration Ordinance, which cannot be signed away in a lease. These rights include receiving written notice for non-emergency entries by the landlord and having access to basic amenities such as heating, plumbing, and electrical lighting.
| Characteristics | Values |
|---|---|
| Do rental contracts supersede state law? | No |
| San Francisco rental laws | Most residential tenants are covered by the San Francisco Rent Ordinance which provides rent control and just cause for eviction |
| Tenants can only be evicted for one of 16 "just causes" unless they share the rental unit with their landlord | |
| There are two classes of renters in San Francisco: those who are protected by the Rent Ordinance of 1979, and those who are not | |
| The "new construction exemption" is the biggest exemption in San Francisco | |
| Tenant rights | Landlords must always provide certain minimum standards set forth by law, including the right to heat, plumbing, and electrical lighting maintained in good working order |
| Non-emergencies generally require written notice at least 24 hours in advance |
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What You'll Learn
San Francisco Rent Ordinance and tenant rights
In San Francisco, most residential tenants are covered by the San Francisco Rent Ordinance, which provides rent control and protection against unfair evictions. The Rent Ordinance is administered by the San Francisco Rent Board, and tenants can access extensive information about their rights and responsibilities on the Rent Board website.
The Rent Ordinance mandates that rents can only be increased by a certain percentage each year, which is tied to inflation. For 2024 to February 28, 2025, the allowed rent increase percentage is 1.7%. Landlords can also petition for other increases, such as passing on the cost of capital improvements or increased operating and maintenance costs, but these must be approved by the Rent Board and cannot exceed the maximum allowable increase. Tenants can request a hardship exemption for certain types of increases.
In addition to rent control, the Rent Ordinance provides protection against unfair evictions. Tenants can only be evicted for one of sixteen "just causes", which include situations where the tenant is violating the lease or where the landlord plans to remove the unit from the rental market under the state Ellis Act. If a tenant disputes the reason for eviction, they may be able to remain in the unit until the dispute is resolved.
There are some exemptions to the Rent Ordinance. For example, units with a certificate of occupancy after June 13, 1979, are generally exempt, as are hotels, motels, and other types of transient accommodations. Single-family homes and condominiums are also sometimes exempt from rent control, but they still have “just cause” eviction protection.
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Landlord rights and limitations
In San Francisco, landlords have several rights and limitations that they should be aware of. The San Francisco Rent Ordinance offers rent control and eviction protections for most tenants, with rent control applying to most residential units built on or before June 13, 1979.
Landlords can typically only increase the rent by a certain percentage each year, which was 2.3% through February 28, 2023, and is 1.7% from 2024 to February 28, 2025. Rents can only be raised once every 12 months, and if the landlord does not raise the rent for at least 24 months, these increases can be "banked" for a future, larger increase. In some circumstances, landlords can increase rent over the allowable percentage, but they must follow rent increase laws.
Landlords must also comply with eviction protections, which means they must have a "just cause" to evict tenants. Some examples of just causes include the landlord planning to perform work that would make the unit unlivable during construction, or the landlord planning to remove all rental units from the rental market under the state Ellis Act.
In terms of habitability and repairs, landlords are responsible for maintaining the unit in a habitable condition, as defined by the California Civil Code Sections 1941-1942, the San Francisco Housing Code, and the San Francisco Health Code. Tenants have the right to safe and habitable homes, and if the landlord fails to make necessary repairs, tenants have the right to withhold rent or "repair and deduct". Landlords cannot retaliate against tenants for reporting issues or withholding rent; any rent increase or eviction attempt within six months of such an incident will be examined by a judge for retaliation.
Additionally, landlords cannot enter a tenant's apartment without proper notice. They can enter when the tenants are not home, but only for certain reasons and with proper notice, such as to make agreed-upon repairs with at least 24 hours' written notice.
While rental contracts cannot supersede state laws, landlords in San Francisco should be aware of their rights and limitations as outlined by the San Francisco Rent Ordinance and other relevant laws.
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Rental contract vs. state law
In San Francisco, rental contracts are subject to various state laws and local ordinances that govern the landlord-tenant relationship. While rental contracts outline the specific terms and conditions of a tenancy, they must comply with the applicable laws and cannot supersede them. Here is an overview of how rental contracts interact with state law in San Francisco:
Rent Increases and Controls
San Francisco has strict regulations regarding rent increases to protect tenants from excessive hikes. The city's Rent Ordinance, administered by the San Francisco Rent Board, caps annual rent increases for many residential units. Landlords must adhere to these limits and cannot impose higher increases through rental contracts. However, in certain circumstances, landlords can increase rent beyond the allowable percentage, provided they follow rent increase laws.
Eviction Protections
The San Francisco Rent Ordinance provides eviction protections for tenants, allowing evictions only for "just causes." These just causes include situations such as violating the lease, owner move-in, or an Ellis Act eviction. Landlords cannot evict tenants without one of these valid reasons, and any contractual provisions allowing for no-fault evictions would be superseded by state law.
Housing Codes and Habitability
Property owners are responsible for maintaining their rental units in a habitable condition and complying with state and local health and safety codes. The Department of Building Inspection (DBI) in San Francisco enforces these housing codes, ensuring rental units meet structural, plumbing, and electrical standards, and are free from hazards like mold, pests, and lead-based paint. Landlords cannot contractually waive their responsibility for providing safe and habitable housing.
Fair Housing Laws
When screening tenants, landlords must adhere to federal, state, and local fair housing laws. These laws prohibit discrimination based on protected characteristics such as race, colour, national origin, religion, sex, familial status, or disability. Any rental contract provisions that contradict these non-discrimination laws would be unenforceable and superseded by state law.
The Ellis Act
The Ellis Act is a California state law that allows landlords to withdraw their rental properties from the market, effectively evicting tenants. While this is a statewide law, San Francisco has implemented additional regulations, including requiring landlords to provide a minimum of 120 days' notice and offering relocation assistance to displaced tenants. Landlords must comply with these local enhancements to the Ellis Act, even if their rental contracts do not explicitly mention them.
In conclusion, rental contracts in San Francisco are subject to a myriad of state laws and local ordinances that take precedence over any conflicting contractual provisions. Both landlords and tenants should be well-informed about their rights and responsibilities under these laws to ensure compliance and avoid legal pitfalls.
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Eviction causes and protections
In San Francisco, most residential tenants are covered by the San Francisco Rent Ordinance, which provides rent control and just-cause eviction protection. This means that tenants can only be evicted for one of 16 "just causes", unless they share the rental unit with their landlord.
These "just causes" can include scenarios where a tenant does not pay rent, is a nuisance, or breaches the lease. This is known as an "at-fault" eviction. There are also "no-fault" evictions, where the landlord wishes to move into the unit or get out of the rental business under the state Ellis Act. Other "no-fault" evictions include capital improvements, demolition, substantial rehabilitation, and sale of the unit converted to a condo. Tenants evicted for "no-fault" reasons are entitled to relocation payments.
Even if a tenant is facing a "just cause" eviction, there are still legal procedures and a court process that must be followed. An eviction notice is a legal document that terminates a tenancy and tells the tenant to vacate the unit within a specific time frame, usually between 3 and 120 days. All eviction notices must be in writing and contain certain information. After the notice period, the landlord must file an Unlawful Detainer in Superior Court. If the tenant does not respond within 10 business days, they risk a default judgment. Once the court has granted an eviction order, the Sheriff will post a Notice to Vacate on the tenant's door, giving them 5 days to leave. If the tenant cannot leave within 5 days, they can request a "Stay of Execution" from the court, which will delay the eviction for another week.
It is important to note that landlords cannot legally lock out tenants, throw away their possessions, shut off utilities, or engage in harassing behavior to remove them. They must follow the legal process, and tenants have the right to bring their case to a jury.
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Rent increases and controls
In San Francisco, most residential tenants are covered by the San Francisco Rent Ordinance, which provides rent control and just cause for eviction. This means rents can only be raised by a certain percentage per year, and the tenant can only be evicted for one of 16 "just causes".
The Rent Board calculates the allowed rent increase percentage each year, and this information is publicly available on the Rent Board website. The allowed rent increase percentage is based on 60% of the increase in the Consumer Price Index for All Urban Consumers in the Bay Area. For 2025-2026, the allowable rent increase percentage is 1.4%.
Landlords must give 90 days' written notice if the rent increase is more than 10%. If the notice is mailed, the landlord must give the tenant an additional 5 days. Landlords cannot charge additional rent if a new roommate moves into an existing tenancy, even if the lease or rental agreement provides for the additional charge.
Tenants who do not have rent control can have their rent increased by any amount at any time with proper written notice. However, landlords can only raise a tenant's rent by a set amount each year, tied to inflation. Landlords can also petition for other increases, such as passing on costs for capital improvements or increased operating and maintenance costs. These rent increases must be documented and approved by the Rent Board before they can be imposed.
There are some exemptions to the San Francisco Rent Ordinance. The biggest exemption is the "new construction exemption" for rental units with a certificate of occupancy after June 13, 1979. Other exemptions include tenants living in a single-family home or condominium who moved in on or after January 1, 1996. While these units do not usually have limits on rent increases, they do have "just cause" eviction protection.
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Frequently asked questions
No, a rental contract cannot supersede state law.
The San Francisco Rent Ordinance provides rent control and just cause for eviction. This means rents can only be raised by certain amounts per year, and tenants can only be evicted for "just causes".
Some tenant rights in San Francisco that cannot be signed away in a lease include the right to receive 24 hours' written notice before a landlord's non-emergency entry, the right to heat, plumbing, and electrical lighting maintained in good working order, and the right to dispute allegations related to eviction.
Yes, there are some exemptions to the San Francisco Rent Ordinance. One significant exemption is the \"new construction exemption,\" which applies to rental units with a certificate of occupancy after June 13, 1979.
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